(Download) "State Ex Rel. Joint County Park Board" by 667 Supreme Court of Indiana No. 28 ~ Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Joint County Park Board
- Author : 667 Supreme Court of Indiana No. 28
- Release Date : January 01, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is an original action for an alternative writ of mandamus to require the trial court to comply with a previous mandate of this court made in Joint County Park Board of Ripley, Dearborn, and Decatur Counties v. Stegemoller, et al. (1949), 228 Ind. 103, 88 N.E.2d 686. The opinion on the petition for rehearing did not modify the original mandate. Ante, p. 118, 89 N.E.2d 720. The mandate reversed the judgment and instructed the trial court to vacate the ruling sustaining objections numbered 3, 4, 5 and 6, ""and to take further proceedings in such matter consistent with this opinion."" It appears from the exhibits to the petition in this original action that upon the receipt of the mandate the trial court did vacate its judgment, and also vacated the rulings sustaining objections numbered 3, 4, 5 and 6, in full compliance with our mandate. However, petitioner herein insists that full compliance with our mandate ""to take further proceedings in such matter consistent with this opinion"" requires that the trial court overrule each of these objections as requested by petitioner. This the trial court has not done, nor has it made any ruling upon defendants' motion for leave to amend their objections.