State ex rel. Barnes v. Superior Court
State ex rel. Barnes v. Superior Court of Marion County, etc.
Opinion of the Court
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Per Curiam.
Heretofore, we issued an - alternative writ of mandamus directed to Respondents, returnable April 4, 1958. This was a determination by this court that Petitioner had made a prima facie case.on the law and on the fact for the issuance of said writ. Respondents have not filed any Return pursuant to Rule 2-36. No cause has been shown why the prima facie case should not prevail. State ex rel. Gary Rys. Inc. v. Roszkowski (1953), 231 Ind. 669 , 110 N. E. 2d 746 ; State ex rel. Indiana Toll Road Comm. v. St. Joseph Superior Court No. 2 (1954), 233 Ind. 47 , 116 N. E. 2d 514 ; State ex rel. Joint Co. Park Bd. v. Verbarg (1950), 228 Ind. 280 , 91 N. E. 2d 916 .
The alternative writ of mandamus is now made absolute.
Note.—Reported in 149 N. E. 2d 541 .
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