Ex parte Garland

Arcase was upon the docket of the circuit court of Barbour county, wherein one Moses was the plaintiff and the relator was the defendant, and the alleged cause of action was a promissory note. The defendant made a motion,, addressed to the circuit court, *560to strike tbe ease from tbe docket. Upon this motion evidence was received, and the court, upon the evidence and the law, rendered judgment overruling the motion, and a bill of exceptions was taken setting forth the evidence upon which the motion was decided. A motion is now made for a rule nisi to the circuit judge, to show cause why a…