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STATE EX REL. BATCHELET v. DeKALB CIR. CT., ETC.

No. 30,708.

248 Ind. 481 (1967)

229 N.E.2d 798

STATE OF INDIANA OF THE RELATION OF BATCHELET v. DeKALB CIRCUIT COURT ET AL., ETC.

Supreme Court of Indiana.

Filed October 2, 1967.

Attorney(s) appearing for the Case

H. Clark Springer, Howard E. Peterson and Winslow Van Horne, all of Auburn, for the Relator.

Philip Butler, of Auburn, for the Respondents.

LEWIS, J.

This cause of action arose out of an election dispute between two Indiana Senatorial Candidates. Philip A. Bir, unsuccessful in the election, petitioned the DeKalb Circuit Court for a recount. Willis K. Batchelet, the senator-elect, obtained a Writ of Prohibition from this Court restraining the DeKalb Circuit Court from proceeding further with the recount.

Article 4, § 10, of the Indiana Constitution states: "Each House, when assembled, shall...

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