Ex Parte Thackston

LIVINGSTON, Chief Justice.

This is a petition for mandamus to direct respondent Hon. Walter B. Jones, as presiding judge of the Circuit Court of Montgomery County, Alabama, to vacate and set aside an order issued by him on the 18th day of January, 1962. The record discloses the following. Petitioner Thackston is a defendant in the case of Russell Silas v. C. T. Thackston, individually and doing business as C. T. Thackston Sand and Gravel Co., et al., which is now pending in the Circuit Court of Montgomery County, Alabama. Petitioner was sued with others for an alleged tort. On January 3, 1962,…