STAKELY, Justice.
This is an original petition to this court by the State of Alabama for a writ of mandamus to compel the Hon. Eugene H. Hawkins, as Judge of the Circuit Court of Jefferson County, Alabama, sitting in equity, to dismiss what is claimed to be an illegal tax appeal from certain income tax assessments made by the State Department of Revenue against John W. McCraney. The case is submitted here on the petition and the answer of Judge Hawkins.
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