1. MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Set Forth Pleadings, Orders and Entries — Petition Insufficient. — In an original action to mandate a judge to disqualify himself in a civil action pending in his court, the petition, which failed to set forth or have attached thereto as exhibits certified copies of all pleadings, orders and entries pertaining to the subject matter in the lower court, was insufficient. Rules of the Supreme Court, 2-35. p. 249.
2. MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Mandating Judge To Disqualify Himself — Failure To Show Judge Is a Party — Petition Insufficient. — In an original action to mandate respondent judge to disqualify himself in a civil action pending in his court, on the grounds that he was a party in the cause, where the only reference to the civil action in the petition was the caption which failed to include the name of the judge as a party, the petition was insufficient for failing to show the judge was a party to the proceeding. Rules of the Supreme Court, 1-12. p. 250.
JASPER, J.
Relator filed a petition for an alternative writ of mandate to compel the Judge of the Gibson Circuit Court to disqualify himself in a civil suit for damages filed in the Gibson Circuit Court captioned "State of Indiana Ex Rel. Kenneth White v. Claude O. Brown, Lewis Tichenor, Calonious Gooch, George Tichenor, Jr., Minervia Tichenor," being Cause No. 8279 in the Gibson Circuit Court.
The relator asks that this court mandate the Judge of the Gibson Circuit Court to disqualify himself, and requests this court to appoint a special judge under Rule 1-12 as amended, effective January 30, 1950.
The petition for mandate alleges that the Judge of the Court has a provable interest, and is an actual bona fide party, in Cause No. 8279, pending in the Gibson Circuit Court, and that he is to be subpoened as a witness at the time of trial.
The petition fails to comply with Rule 2-35 of this court, requiring the relator to set out certified copies of all pleadings, orders, and entries pertaining to the subject 1. matter. The relator has completely ignored this rule by failing to attach as an exhibit to his petition any certified copies.
The only reference to the civil suit is as above set out. 2. It shows that the Judge of the Gibson Circuit Court is not a party to the proceeding as required under Rule 1-12.
Further, there are no facts alleged to bring the Judge of the Gibson Circuit Court within State ex rel. Parker v. Vosloh, Judge (1944), 222 Ind. 518, 54 N.E.2d 650, or State ex rel. Stockton v. Leopold (1949), 227 Ind. 426, 86 N.E.2d 530.
The petition for an alternative writ of mandate is denied.
NOTE. — Reported in 97 N.E.2d 491.