(DOWNLOAD) "State Indiana on Relation Terminix Co." by 328 Supreme Court of Indiana No. 29 ~ Book PDF Kindle ePub Free
eBook details
- Title: State Indiana on Relation Terminix Co.
- Author : 328 Supreme Court of Indiana No. 29
- Release Date : January 13, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Relator has filed in this court petition for writ of mandate, to compel the reinstatement of relator's cause of action which
was dismissed by the court on motions of some of the defendants to such action. From relator's petition the following facts appear: relator-plaintiff filed suit in 1951 to foreclose a mechanic's lien to
which defendants therein filed a motion for a bill of particulars. This motion was not ruled on by the court, but the cause
was thereafter dismissed in November, 1953, at costs of plaintiff therein. The cause was subsequently reinstated in January,
1954, on relator's-plaintiff's motion, and in February, 1954, relator-plaintiff filed bill of particulars and thereafter filed
amended complaint and had new summonses issued and served, making the defendants, Reeves, new parties defendant. Said additional
defendants are not here questioning the sufficiency of their notice, and we may therefore assume they are in court after reinstatement
upon proper notice. In January, 1955, Judge Reed was succeeded by Judge Rakestraw, and in April, 1955, the defendants, Reeves,
filed motion to dismiss the action, alleging it had been improperly reinstated previously by Judge Reed before the defendants,
Reeves, had been made parties to the action. The defendant, Lockridge, also filed motion to dissolve and vacate the court
order reinstating the action. Judge Rakestraw, pursuant to said motions, dismissed the action and refused to reinstate it
at relator's request, and relator now asks this court to mandate the lower court to do so.