Ex Parte State Ex Rel. Ussery

MERRILL, Justice.

This particular proceeding began as an original petition in this court seeking a writ of mandamus or, in the alternative, a writ of prohibition to set aside an order of the Circuit Court of Montgomery County relating to a case which had been pending in the Circuit Court of Jefferson County for some time. A brief, but not inclusive, statement of the history of the case follows to show why the order of the Circuit Court of Montgomery County should be set aside.

In February, 1967, the Superintendent of Insurance of Alabama filed a bill in equity against United Security Life…