Ex Parte Merchants Nat. Bank of Mobile

FOSTER, Justice.

This is an original petition addressed to this Court for a writ of mandamus to the Judge of the Circuit Court of Baldwin County, Alabama, commanding him to vacate and set aside an order which he made transferring to the jury docket for trial by jury a certain cause therein pending, wherein petitioners are the plaintiffs and James Morris and Leon Morris are the defendants, whereby the plaintiffs sued at law to recover certain described land:

The facts with respect to the right to have the writ of mandamus issue as prayed for are not disputed.

At the time of the institution of the…