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STATE EX REL. MONTGOMERY v. SUP. CT. ETC.

No. 29,689.

238 Ind. 664 (1958)

154 N.E.2d 375

STATE EX REL. MONTGOMERY ET AL. v. SUPERIOR COURT OF MARION COUNTY, ROOM NO. 3, BRENNAN, JUDGE.

Supreme Court of Indiana.

Filed December 4, 1958.

Attorney(s) appearing for the Case

T. Ernest Maholm, of Indianapolis, for relators.

John D. Raikos, of Indianapolis, for respondents.

ACHOR, J.

This action involves a writ of prohibition. The facts are as follows: Relators Montgomery and Montgomery are the owners of an ice cream and drive-in eating establishment known as the M & L Ice Cream Manufacturing Company. This they leased to Richard H. Hansing and Wyota Hansing, his wife. A suit for possession, based upon the lease, was filed by the owners against the lessees in the Marion Circuit Court on June 5, 1958. Thereafter on June 10, Margaret...

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