Steele v. Gill

COLEMAN, Justice.

Plaintiff appeals from a judgment dismissing his cause “for want of prosecution.” 1 Plaintiff prays for relief by mandamus if the judgment will not support an appeal.

It appears that this court has decided that such a judgment will support an appeal and that mandamus to set aside the judgment does not lie.

In an action for breach of a bond, this court said:. . . . This order dismissing for want of prosecution is such a final order or judgment as will support an appeal. . . . .” Ellis & Co. v. Brannon, 161 Ala. 573, 579, 49 So. 1034, 1035.

In denying mandamus to require the trial…