Ex Parte Fidelity Deposit Co. of Maryland

This is an original petition addressed to this court praying for a mandamus directed to a judge of the circuit court of Jefferson county. Briefly stated, the facts alleged are that one Joe Sanders filed suit in the circuit court of Jefferson county claiming damages of petitioners as defendants in that suit. The case was set for trial for May 21, 1929, and on that day it was dismissed for want of prosecution. On June 20,1929, plaintiff filed a motion to vacate the order of dismissal and to grant a new trial, and on that day presented it to a judge of that court, who made an order continuing…