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State ex rel. Collins v. Lake Superior Court

State of Indiana on Relation of Collins v. Lake Superior Court, Room 4, Roszkowski, as Judge, Etc.

State ex rel. Collins v. Lake Superior Court, 121 N.E.2d 731 (Ind. 1954)
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Court
Indiana Supreme Court · State Highest Courts
Decided
October 5, 1954
Docket
No. 29,198
Judges
Flanagan
Citations
121 N.E.2d 731233 Ind. 5361954 Ind. LEXIS 234

Opinion — Flanagan

Flanagan, C. J.

This is a petition for a writ of mandate and prohibition. The original action in the trial court was on account and for appointment of receiver. Relator duly filed a plea in abatement, contending that service on him was obtained by leaving a copy of the summons at his place of business instead of his residence. Evidence was heard and the finding was against relator on his plea in abatement.

Relator now says here that the ruling of the trial court was wrong and we should prohibit the trial court from proceeding further.

Writs of prohibition and mandamus are extraordinary remedies, and not intended to take the place of appeals, and do not issue where there is another adequate remedy. Here relator has his remedy of appeal which is full and adequate.

*537 The temporary writ of prohibition is hereby vacated and annulled.

Bobbitt, Draper, Emmert, and Gilkison, JJ., concur.

Note. — Reported in 121 N. E. 2d 731 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1959: 11962: 11964: 11966: 21975: 11979: 119592026peak 1966 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Snider v. State, 121 N.E.2d 731 (Ind. 1954) 3

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