Ex Parte Upchurch

This is a mandamus proceeding seeking the vacation of an order entered by the respondent as judge of the circuit court of Olay county, sitting in equity, setting aside a final decree rendered on April 29, 1926, in the cánse of W. M. Upchurch (petitioner here) v. Farmers’ State Bank of Ash-land. Such order vacating said decree was entered June 5, 1926, in response to the motion of the Farmers’ State Bank filed in the cause on May 18, 1926. The final decree of April 29, 1926, was entered upon original bill and decree pro confesso against the respondent, Farmers’ State Bank. The motion was…