EX PARTE SMITH

1 Div. 517.

62 So.2d 792 (1953)

Ex parte SMITH.

Supreme Court of Alabama.

January 19, 1953.


Attorney(s) appearing for the Case

Alexander Foreman, Jr., and Jos. M. Hocklander, Mobile, for petitioner.

Sam M. Johnston, Chas. B. Arendall, Jr., Johnston, McCall & Johnston and Smith, Hand, Arendall & Bedsole, Mobile, for respondent.


FOSTER, Justice.

This is an original petition for mandamus to this Court to require the judge of the Circuit Court of Mobile County to set aside a judgment which he made on June 6, 1952, in which there is contained the following: "It is ordered and adjudged by the court that defendant's motion filed May 15, 1952, to grant a new trial be and the same is hereby granted because of insufficient service".

The motion to which that judgment referred was to set...

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