Ex Parte Jones

STAKELY, Justice.

This is an original petition to this court for mandamus to compel Joe M. Pelham,., Jr., as Judge of the First Judicial Circuit, to vacate a decree setting aside a decree pro confesso in the equity court. The theory of the petition is that the court abused' its discretion in setting aside the decree-pro confesso because of lack of diligence on the part of the respondent in moving to-set aside the decree pro confesso and because of want of meritorious defense, and! further abused its discretion in the light of Equity Rule 34, Code 1940, tit. 7 Appendix, which provides : “if the…