The relators filed in this Court their "Verified Petition for Writ of Mandate" on April 5, 1963, seeking an alternative writ of mandate to compel the respondent court "to enter special findings of fact and conclusions of law in compliance with Section 40-506 through 40-409 of the anti-injunction statutes, Burns' Indiana Statutes, Vol. 8, part 1, and/or in the alternative to require the court to set a bond for $10,000.00 to be posted by plaintiff in said cause entitled Philip Negdeman & Sons, Inc. v. Fair Share Organization, Inc., Roosevelt v. Haywood, William Robinson, Mack King, John Upshaw, Mack Flagg, and James Walker, the same being Cause No. 14859 in the said Newton Circuit Court..."
The record before us discloses that on August 11, 1962, Philip Nadgeman & Sons, Inc., filed its complaint in the Lake Circuit Court of Lake County, Indiana, against the Fair Share Organization, Inc., seeking an injunction. The complaint alleging in substance, that defendant corporation, its officers, agents, employees, members and associates had, inter alia, picketed unlawfully in front of and near the plaintiff's place of business for the purpose of compelling plaintiff to selectively hire Negro personnel on a proportional basis; carrying signs suggesting that the plaintiff discriminates against Negroes in its employment practices and other signs and placards tending to discredit plaintiff, all of which caused a loss of business to the plaintiff.
To this complaint relators on August 17, 1962, entered a general appearance and filed their answer in two legal paragraphs, the first by appropriate rhetorical paragraphs of no knowledge, admission and denial; the second being an affirmative answer and by appropriate rhetorical paragraphs challenged the right of the plaintiff to institute or maintain the action by
On the same day, August 17, 1962, plaintiff requested and obtained a change of venue from the county, the parties struck and the cause was thereby venued to Newton County.
Thereafter, the cause was set for trial and then tried in the respondent court without the intervention of a jury, on November 21, December 5 and 6, 1962. After the introduction of all evidence and after both parties had rested, defendants (relators here) asked for and were granted time to December 17, 1962, to file a written motion for judgment in favor of the defendants. Thereafter, on December 17, 1962, defendants motion with supporting brief was filed, in substance asserting that there was no evidence to justify the relief sought, and on December 18, 1962, defendants below (relators here) submitted their proposed findings of facts and conclusions of law. On March 13, 1963, plaintiff below filed its proposed finding of facts and conclusions of law. On March 21, 1963, both parties having waived oral argument, the court entered its finding of facts and conclusions of law; thereupon, the court entered appropriate judgment in favor of plaintiff. The judgment in pertinent part is as follows:
The case at bar presents a situation where a complaint was filed, general appearance entered by defendants (relators), followed by the filing of the answer; trial was had, witnesses sworn, evidence heard, then both parties submitted proposed findings of fact and conclusions of law thereon. The court made its findings of fact, stated its conclusions of law, and rendered judgment thereon in favor of plaintiff.
On the record here this Court has no jurisdiction to grant the relief sought in the case at bar.
This Court said in State ex rel. Burton v. Gelb (1947), 225 Ind. 330, 333, 334, 75 N.E.2d 151,
The relief sought is not available by way of original action at this stage of the proceedings, and the writ is therefore denied.
Myers, C.J., Achor, Arterburn and Landis, JJ., concur.
NOTE. — Reported in 191 N.E.2d 1.