Ex Parte Russell

LIVINGSTON, Justice.

The petitioner in this cause, Wesley Russell, prays for a writ of mandamus addressed to the Hon. R. B. Carr, as Judge of the Circuit Court of Calhoun County, to show cause why the decree or order removing this cause from the law side of the docket to the equity side thereof should not be expunged.

It appears that a petition to probate the will of one Lizzie Brown, deceased, was filed in the Probate Court of Calhoun County, Alabama, on September 18, 1939, and that October 18, 1939, was set as the date for hearing said petition, and that notice was given of the time and place…