Brittain v. Jenkins

MAYFIELD, Justice.

This is an appeal from a final judgment of the Circuit Court of Jefferson County, denying the writ and dismissing the petition for mandamus brought against the Honorable W. A. Jenkins, as Judge of the Intermediate Civil Court of Birmingham, Alabama.

On 4 February 1955 one Jesse Lee Booker filed a complaint against Ed Brittain, the ■appellant here, in the Intermediate Civil 'Court of Birmingham, Alabama, for damages resulting from a collision of the automobiles of the plaintiff and defendant.

The appellant, Brittain, filed a plea in abatement in the Intermediate Civil Court,…