Edge v. Bonner

FOSTER, Justice.

Appeal was taken from a judgment transferring a suit at law to equity on the motion of defendant Bonner. Since an appeal does not lie from such an order (section 153, Title 13, Code), appellant, Edge has applied for a writ of mandamus in the alternative. Mandamus is the appropriate remedy. Ballentine v. Bradley, 236 Ala. 326, 182 So. 399.

No rule nisi has issued, but petitioner here seeks such rule. That remedy is available if he shows by his alternative petition that he has a prima facie right to such relief. Ex parte Tower Mfg. Co., 103 Ala. 415, 15 So. 836; Brazel v. New…