Ex parte Garner

This is a petition for mandamus to Hon. Whit Windham, Judge of the Circuit Court, Jefferson County, seeking a writ requiring respondent to vacate an order transferring a case at law to the equity side of the court.

Petitioner, as plaintiff, brought suit against C. F. Wittichen and others “as Trustees of the Wittichen Chemical Company, Inc. Employees Profit-Sharing Retirement Trust”. The complaint contains a common count for money had and received, and a count for breach of contract, each claiming the sum of $17,000.00. The latter count bases the alleged breach upon these facts: Effective…