EX PARTE GARNER

6 Div. 279.

190 So.2d 544 (1966)

Ex parte Bernelle GARNER.

Supreme Court of Alabama.

Rehearing Denied September 22, 1966.


Attorney(s) appearing for the Case

Jas. L. Shores, Jr., Birmingham, for petitioner.

Macbeth Wagnon, Jr., and Bradley, Arant, Rose & White, Birmingham, for respondent.


PER CURIAM.

This is a petition for mandamus to Hon. Whit Windham, Judge of the Circuit Court, Jefferson County, seeking a writ requiring respondent to vacate an order transferring a case at law to the equity side of the court.

Petitioner, as plaintiff, brought suit against C. F. Wittichen and others "as Trustees of the Wittichen Chemical Company, Inc. Employees Profit-Sharing Retirement Trust". The complaint contains a common count for money had and received...

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