Ex parte Markle

SPANN, Justice.

Petitioner, defendant below, seeks a writ of mandamus requiring Honorable Will O. Walton, as Associate Judge of the Fifth Judicial Circuit, to vacate an order which directed defendant to answer interrogatories 2, 3, 8 and 9 propounded to him by the plaintiff. The cause was submitted here on briefs on the petition and respondent’s answer thereto.

Plaintiff, Auburn Insurance Agency, Inc., sued defendant on two promissory notes. Count 2 of the complaint claimed $3,052.47, the face of one of the notes, plus an attorney’s fee. We do not describe the note sued on in count 1, because…