Ex parte Atkinson

CATES, Judge.

B. D. Atkinson has filed here an original petition for a writ of mandamus to the Honorable F. M. Smith, as Judge of the Covington Circuit Court. The purpose is. for us to command the respondent to hold for naught an order by which he set aside a default and a judgment in a non jury action on a note.

The default judgment was taken by AF kinson on November 6, 1959; the petition to set aside was filed some one hundred days later. After the passage of thirty days beyond judgment, the circuit court’s, jurisdiction can rest only on the four months statute, Code 1940, T. 7, § 279. Cf.…