State ex rel. Morvilius v. State
State Ex Rel. Morvilius v. State of Indiana Et Al.
Opinion
Per Curiam.
Petitioner-relator herein has filed what he has denominated a “Verified Petition for an Injunction in Supersedence in Forma Pauperis” seeking a mandatory injunction from this court for the “immediate release of petitioner from the Indiana State Prison.”
The nature of a pleading is not determined by its title but rather by its contents.
State ex rel. Bevington v. Myers, Judge (1942), 220 Ind. 149 , 41 N. E. 2d 358 .
Applying this rule, an examination of the body of relator’s petition discloses that it is, in substance, in the nature of a petition for a writ of habeas corpus.
Respondents, State of Indiana and the Department of Correction, have filed a motion to dismiss the petition herein for the reason, inter alia, that this court has no original jurisdiction in petitions for writs of habeas corpus.
*201 *200 The Supreme Court of Indiana has only such original jurisdiction as the General Assembly may confer upon *201 it; Article 7, §4, Constitution of Indiana;
Danker et al.
v. State (1956), 236 Ind. 696 , 138 N. E. 2d 900 ; and no original jurisdiction to grant petitions for writs of habeas corpus has been conferred on this court.
Rash v. Howard (1948), 226 Ind. 546, 547 , 82 N. E. 2d 88 .
In our judgment this court has no jurisdiction to grant the relief sought by the petitioner herein and for this reason the motion to dismiss must be sustained.
Petition dismissed.
Note. — Reported in 170 N. E. 2d 825 .
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