Ex Parte State Ex Rel. Mobile & N. R.

The motion in the court below, as well as the prayer in the iiresent petition, seeks a dismissal of the last action of ejectment because the plaintiff was in effect in contempt of court for noncompliaficewith the order of the circuit court in a former action of ejectment between the same parties or their privies and does not seek a stay of the present action until the payment of the cost in the former or a dismissal upon a failure to pay said cost. It seems to be the petitioner’s contention and theory that the order of dismissal of the former action of ejectment because of the nonpayment of…