STATE EX REL. TERMINIX CO. OF IND. v. FULTON C.C.

No. 29,328.

235 Ind. 218 (1956)

132 N.E.2d 707

STATE OF INDIANA ON RELATION OF TERMINIX CO. OF INDIANA v. FULTON CIRCUIT COURT, RAKESTRAW, JUDGE, ETC.

Supreme Court of Indiana.

Filed March 13, 1956.


Attorney(s) appearing for the Case

Charles C. Campbell, of Rochester, for relator.

William L. Morris, of Rochester, and Frederick E. Rakestraw, pro se, for respondent.


LANDIS, J.

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...

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