Ex Parte Central Alabama Dry Goods Co.

FOSTER, Justice.

This is an original petition to this Court seeking a mandamus to the Hon. Joe M. Pelham, as'Judge of the Circuit Court of Clarke County, by which there is brought in review his refusal as such judge to render a judgment by default in a suit in that court in which petitioner is plaintff and W. J. Lambard is defendant. Rule nisi was issued.

The petition alleges, and the answer admits, that the suit having been filed was served on defendant Agust 20, 1938; that on September 14, 1938, defendant in person, without attorney, filed written demand for trial by jury, but filed no…