Ex parte State Farm Mutual Automobile Insurance

COLEMAN, Justice.

This is a petition for mandamus to require the trial judge to set aside a final' judgment which was rendered for plaintiff, after the court had granted, ex mero motu, a new trial to plaintiff in an action at law for damages. . . ¡

Petitioner was not a party to the original action at law but is a party respondent in' a *264suit in equity wherein plaintiff in the original action seeks to compel petitioner to pay the judgment which plaintiff had thus obtained against one of the defendants in the action at law. The suit in equity appears to be based on § 12, Title 28, Code 1940, as…