Ex Parte Central of Georgia Ry. Co.

BOULDIN, Justice.

This mandamus proceeding looks to a transfer of an action at law, brought in the Bessemer Division of the Circuit Court of the Tenth Judicial Circuit, to the Circuit Court in Birmingham, the county seat of Jefferson County, which comprises the Tenth Judicial Circuit.

Two inquiries are presented: (1) Was the suit properly brought in the Bessemer Division? (2) If not, was the presiding judge in that division under legal duty to transfer the cause on motion of defendants under the facts of this case?

The action was to recover damages for death by wrongful act. Without question,…