Ex Parte Alabama Credit Corporation

SIMPSON, Justice.

This is an original petition for mandamus by Alabama Credit Corporation, to require Richard P. Emmet, one of the judges of the Circuit Court of Montgomery County, to vacate an order granting a rehearing under the four months statute (Code 1940, Title 7, § 279). The petitioner was plaintiff in a suit commenced in said Circuit Court against Louise Grant. On June 15, 1964, plaintiff (petitioner here) obtained a default judgment. Defendant on October 14, 1964, filed an application for rehearing pursuant to the four months statute. Subsequently, November 3, 1964, no action having…