Ross v. St. Clair Circuit Judge

Plaintiff Ross, who was one of the defendants in a chancery action to cancel certain deeds, applied to this court for leave to appeal in the nature of mandamus, seeking a writ commanding the circuit judge to set aside an order denying petitioner’s motion for vacation of a decree, the same having been entered without notice upon Ross’ failure to file an answer. Upon consideration of this application, an order nisi was entered, this court treating the application as a petition for an order to show cause.

The matter is now again before us after the return of the circuit judge, which gives his…