Ex Parte Driver

SIMPSON, Justice.

This is an original petition for mandamus filed in this court by the plaintiff in a cause pending in the Hale Circuit Court, styled J. E. Driver, Plaintiff, v. J. C. Beech et al., Defendants, praying that the writ be directed to the Honorable L. S. Moore, as Judge of said court, to command him to set aside an order entered in said cause on the 30th of September, 1952, and to grant plaintiff’s motion for-a .judgment nil dicit or, in the alternative, for a rule nisi to be directed to'said judge to show cause why the defendants should not be taxed with court costs to date.

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