Ex parte Spears

This is a petition for mandamus to require the trial judge to set aside and vacate a certain order made by him granting a new trial.

On August 18, 1955 a verdict and judgment were rendered in favor of defendant Spears in a suit by Mrs. Ara Allen. A motion for a new trial was duly made and continued from time to time until November 28, 1955 when it was heard and taken under advisement. On December 13, 1955 the judge overruled the motion. On January 9,1956, ex mero motu, he set aside the order of December 13, 1955 and granted plaintiff’s motion to set aside the verdict of the jury, granted a new…