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STEELE v. GILL

I Div. 388, 400.

217 So.2d 75 (1968)

Houston STEELE v. J. B. GILL et al.

Supreme Court of Alabama.

December 12, 1968.

Attorney(s) appearing for the Case

Farmer & Farmer, Dothan, for appellant.

Chas. B. Bailey, Jr., of McCorvey, Turner, Johnstone, Adams & May, Mobile, for appellees.

COLEMAN, Justice.

Plaintiff appeals from a judgment dismissing his cause "for want of prosecution."1 Plaintiff prays for relief by mandamus if the judgment will not support an appeal.

It appears that this court has decided that such a judgment will support an appeal and that mandamus to set aside the judgment does not lie.

In an action for breach of a bond, this court said:

. . . . This order dismissing for want...

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