State Ex Rel. Terminix Co. v. Fulton Circuit Court

Relator has filed in this court petition for writ of mandate, to compel the reinstatement of relator’s cause of action which was dismissed by the court on motions of some of the defendants to such action.

From relator’s petition the following facts appear: relator-plaintiff filed suit in 1951 to foreclose a mechanic’s lien to which defendants therein filed a motion for a bill of particulars. This motion was not ruled on by the court, but the cause was thereafter dismissed in November, 1953, at costs of plaintiff therein. The cause was subsequently reinstated in January, 1954, on…