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EX PARTE HOME INDEM. INS. CO.

78-680.

374 So.2d 1356 (1979)

Ex parte the HOME INDEMNITY INSURANCE COMPANY. (Re The Home Indemnity Ins. Co. v. Reed Equipment Co., Leo M. Reed and Joel Earl. Leo M. Reed and Joel Earl v. The Home Indemnity Ins. Co., a corporation, and United States Fire Insurance Co., a corporation.)

Supreme Court of Alabama.

September 21, 1979.

Attorney(s) appearing for the Case

John D. Richardson, III, and Elias J. Saad, Mobile, for petitioner.

Irvin J. Langford of Howell, Johnston, Langford, Finkbohner & Lawler, Mobile, for respondents Hon. Ferrill D. McRae, Judge of the Circuit Court of Mobile County, Ala., Reed Equipment Co., Leo M. Reed, and Joel Earl.

EMBRY, Justice.

This is a petition of The Home Indemnity Insurance Company for an original writ of mandamus to compel the Honorable Ferrill D. McRae, Judge of the Circuit Court of Mobile County, to accept a supersedeas bond conditioned as Home Indemnity would have it as opposed to the conditions of a supersedeas bond according to terms required by Judge McRae.

The bond would supersede, pending appeal, execution and operation of two declaratory judgments entered...

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