Ex Parte Royal Indemnity Company

SIMPSON, Justice.

Royal Indemnity has filed a petition for writ of mandamus in this Court to compel the respondent to enter a decree dismissing *81a bill of complaint against this petitioner which is pending in the Circuit Court of Mobile County, in Equity.

On March 14, 1963 we entered our opinion in the case of Metzger Brothers, Inc., et al. v. Royal Indemnity Company, et al., reported at 274 Ala. 643, 151 So.2d 244. That opinion must be referred to for an understanding of the matter before us here.

In that case we were dealing with an appeal by the complainant below (Metzger Brothers) in a bill…