Ex Parte Lockhart

This mandamus proceeding is to review the ruling of the circuit court retransferring, on plaintiff's motion, the case of unlawful detainer of N. B. Smith versus George Lockhart, originally brought in the municipal court of Birmingham, First division, and which had been transferred to the circuit court by order of one of the circuit judges upon defendant's petition.

The demurrer to the petition takes the point that the original order of removal was improvidently granted upon the theory the verified petition therefor was lacking in jurisdictional averments, in that it failed to state defendant…