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JAMES v. HANDLEY

6 Div. 268.

101 So.2d 76 (1958)

W. E. JAMES v. Roy HANDLEY et ux.

Supreme Court of Alabama.

March 6, 1958.

Attorney(s) appearing for the Case

Ernest Galin, Cullman, for appellant.

Marvin H. Galin, Cullman, for appellees.

GOODWYN, Justice.

This case was transferred to this court from the Court of Appeals on February 19, 1958, because the judgment appealed from was for $1,035 which is outside the jurisdiction of the Court of Appeals. Code 1940, Tit. 13, § 86. Submission here was on the merits and on appellant's petition for mandamus in the alternative.

The plaintiffs, Mr. and Mrs. Roy Handley, brought suit in the circuit court of

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