Ex Parte State

This case involves the right of revivor under § 153, Title 7, Code of 1940. The cases comes here on an original petition to this court for mandamus to compel Hon. J. Russell McElroy, Presiding Judge of the Tenth Judicial Circuit of Alabama, to vacate an order overruling a motion to make W. E. Gant, as administrator cum testamento annexo of the estate of W. C. McCarty, deceased, a party to a cause pending in the aforesaid circuit court. The cause referred to was instituted by Earnest Hefley (petitioner) against W. C. McCarty and W. C. McCarty, Jr. W. C. McCarty is now deceased.

The aforesaid…