Swearingen v. Archer

MERRILL, Justice.

This is an original mandamus proceeding in this court to require the respondent judge to set aside an order which consolir *476dated petitioners’ case with other similar pending cases for trial.

On October 6, 1969, the Honorable David R. Archer, Presiding Judge of the Twenty-Third Judicial Circuit, ordered that petitioners’ case, No. 14684, be consolidated for trial with seventeen other pending cases. All of the cases deal with assessments against eighteen lots by the City of Huntsville for the laying of a sanitary sewer contiguous to the lots.

The judge’s order states that there…