Moore v. Carr

Petitioner seeks by this mandamus proceeding' (Ex parte Holzer, 219 Ala. 431, 122 So. 421) to vacate the order of the circuit judge transferring his case against the Sinclair Refining Company from the law to the equity side of the docket. The suit at law sought to recover damages for breach of contract and for negligent installation of gasoline equipment. The petition for removal to the equity docket was based upon the averments therein contained disclosing damages suffered by the defendant in the law action as the result of a trespass quare clausum fregit, and also trespass de bonis…