Ex Parte Covington Land Company

CATES, Judge.

This is an original petition for a writ of mandamus. The prayer is that the respondent, Hon. F. M. Smith, Judge of the Covington Circuit Court, be ordered to vacate a judgment entered by him as such judge October '20, 1964. The effect of that judgment was to set aside a judgment entered in default of the appearance of the defendant.

The action below was on a waive note. The motion for setting the judgment aside was filed within thirty days of judgment and claimed that the defendant was led to believe by an officer of the plaintiff corporation that a judgment by default would not…