Ex Parte Smith

FOSTER, Justice.

This is an original petition for mandamus to this Court to require the judge of the Circuit Court of Mobile County to set aside a judgment which he made on June 6, 1952, in which there is contained the following: “It is ordered and adjudged by the court that defendant’s motion filed May 15, 1952, to grant a new trial be and the same is hereby granted because of insufficient service”.

The motion to which that judgment referred was to set aside a judgment by default, and the verdict of the jury thereon, rendered by the court on May 9, 1952. The grounds set up in the motion to set…