State ex rel. Huntley Bros. v. Gooding

RAWLS, Judge.

This is an original proceeding in prohibition filed by relator Huntley Brothers, defendants in the lower court.

The chancellor, respondent Honorable' Marion W. Gooding, Circuit Judge, entered a summary final decree in favor of Huntley Brothers which was recorded on October 5, 1961.1

On November 10, 1961, 36 days thereafter, plaintiff filed a petition to vacate and set aside the final decree in the lower court on the grounds that there was no evidence upon which to sustain the entrance of the said summary final decree, and that certain depositions had not been transcribed and filed…