Ex parte Cox

FOSTER, Justice.

This case comes here upon an original ■ petition to this Court for a writ of mandamus, by which it is sought to review and vacate a judgment of the Circuit Court o'f Marion County setting aside a judgment of that court rendered nil dicit. We issued a rule nisi to which the judge has made a return. We learn the facts from such return and its admissions.

The case was set for trial on March 24, 1949. The defendant appeared by counsel, who resides in Walker County, and made a motion to transfer the cause to equity. Said motion was not heard that day but the cause was continued, and…