FOSTER, Justice.
This case comes here upon an original petition to this Court for a writ of mandamus, by which it is sought to review and vacate a judgment of the Circuit Court of Marion County setting aside a judgment of that court rendered nil dicit. We issued a rule nisi to which the judge has made a return. We learn the facts from such return and its admissions.
The case was set for trial on March 24, 1949. The defendant appeared by counsel, who resides...
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