Fonell v. Williams

THOMAS, J.:

A rule nisi was recently issued by this court commanding three of the circuit judges of the Eleventh Judicial Circuit to show cause why an alternative writ of mandamus should not issue commanding them to rescind an order dismissing an appeal taken 22 February 1946 from a judgment entered 7 January 1946 by the judge of the Civil Court of Record.

The respondents moved to quash the rule, and petitioners now make their motion for the issuance of the writ notwithstanding the motion to quash. By this process is presented to us the question whether the circuit court had jurisdiction of the…