STATE ETC. v. MONTGOMERY CIR. CT. ETC.

No. 29,737.

239 Ind. 337 (1959)

157 N.E.2d 577

STATE OF INDIANA ETC. v. MONTGOMERY CIRCUIT COURT ETC.

Supreme Court of Indiana.

Filed April 22, 1959.


Attorney(s) appearing for the Case

Edwin K. Steers, Attorney General, Selwyn F. Husted, Special Counsel to Attorney General, William H. Wehrle and Richard M. Givan, Deputy Attorneys General, for petitioner.

Howard A. Sommer, pro se.

Rochford, Blackwell & Rochford, Sidney A. Horn, both of Indianapolis, Parr, Parr & Parr, Schifres & Hollingsworth, both of Lebanon, and Frank N. Howard, Jr., of Crawfordsville, Amicus Curiae.


JACKSON, J.

This is an original action instituted by the State of Indiana, in its sovereign capacity, praying for a writ of mandate and prohibition, restricting and confining the respondent to its lawful jurisdiction in a certain highway condemnation suit originally filed in the Boone Circuit Court as Cause No. 20819, and subsequently venued to the Montgomery Circuit Court and docketed as Cause No. 32172, wherein the State of Indiana was plaintiff; and Noble Frank...

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