1. MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Set Forth Pleadings, Orders and Entries — Petition Insufficient. — In an original mandamus action to compel respondent court to issue a writ of habeas corpus, the petition, which failed to set out, or have attached as exhibits thereto, certified copies of all pleadings, orders and entries pertaining to the subject matter in the trial court as required by Supreme Court rule, was insufficient. Rules of the Supreme Court, 2-35. p. 78.
2. MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Allege Service of Notice on Attorney General — Petition Insufficient. — In an original mandamus action to compel respondent court to issue a writ of habeas corpus, the petition, which did not allege that the Attorney General had been served with notice of the proceedings in the respondent court, was insufficient in that it failed to show that the relator had any proceeding pending in the respondent court. Burns' 1933 (1949 Supp.), § 49-1937. p. 78.
PER CURIAM.
The relator is a prisoner in the Indiana State Prison, and acting as his own counsel, has filed in this court a verified petition for alternative writ of mandamus to compel the LaPorte Superior Court to issue a writ of habeas corpus.
This is an original action and the relief sought relates to proceedings in an inferior court. Rule 2-35 requires in such cases, "certified copies of all pleadings, orders and 1, 2. entries pertaining to the subject matter should be set out in the petition or made exhibits thereto." We have repeatedly held that a failure to comply with this rule of the court makes the petition insufficient. State ex rel. Spires v. Bottorff, Judge (1949), 227 Ind. 229, 84 N.E.2d 882; State ex rel. Sanders v. Reeves, Judge (1950), 228 Ind. 293, 91 N.E.2d 912; State ex rel. Parlow v. Baker, Judge (1950), 228 Ind. 495, 93 N.E.2d 199. Nor does the petition here allege that the Attorney General of Indiana was ever served with notice of the proceedings in the trial court as required by § 49-1937, Burns' 1933 (1949 Supp.). The petition fails to show that the relator has any proceeding pending in the trial court. White v. Marion Criminal Court (1949), 227 Ind. 167, 84 N.E.2d 588.
The issuance of the alternative writ is denied.
NOTE. — Reported in 95 N.E.2d 631.