Beardsley v. St. Joseph Circuit Judge

Plaintiff brought an action at law in the St. Joseph circuit against the First National Bank of Three Rivers, to recover $157.30, the amount of his checking deposit. The bank had refused him payment on his check. The case was transferred to the. equity side of the court and hearing refused during the time that executive order No. 6073 (see note to 12 USCA, § 95), by the president of the United States remains in force. Plaintiff seeks our writ of mandamus directing the circuit judge to proceed to the hearing. The writ sought is not one of right but if plaintiff is entitled to a hearing we may…