State ex rel. Garnett v. Lyons

The ultimate question for determination here is whether appellant is entitled to a writ of proce-dendo.

Appellant, in his complaint, asserts that he is entitled to a default judgment as a matter of law. In support, appellant argues the invalidity and unlawfulness of the ex parte extension of time afforded defendant in the Municipal Court.

Appellees counter those arguments urging that such extension of time may be granted ex parte, and that the relief sought by appellant, in substance, is a favorable ruling on his motion for default judgment, which ruling may not be granted by a writ in…