Ex Parte Deaton

LIVINGSTON, Justice.

Certain related aspects of this litigation were decided by this Court in the case of Ex parte Deaton et al., 6 So.2d 593, 1 where we held that the proper procedure for a transfer of the cause from the law to the equity docket was by petition filed on the law side under the provisions of section 153, Title 13, Code of 1940.

Facts sufficient for an understanding of the treatment of the matters now before the Court can be found in Ex parte Deaton, supra. See, also, Deaton v. Deaton Truck Lines, 242 Ala. 91, 4 So.2d 895.

After the writ of mandamus was awarded in Ex parte Deaton…