Ex Parte Gay

Upon former consideration of this cause (Ex parte George E. Gay, 104 So. 8981), this court held that the order denying the motion to set aside the judgment nil dicit would not support an appeal, nor was it assignable as error on appeal from the judgment nil dicit. The remedy was by mandamus as there stated. The Court of Appeals, upon remandment of the cause to that court, construed the opinion of this court to the effect that mandamus could now be resorted to in this particular cause under conditions here presented, and opinion was rendered to the effect that the writ may issue to have the…