EX PARTE WINDHAM, 286 Ala. 742 (1970)

238 So.2d 716

Ex parte Choyce E. Windham. In re Choyce E. WINDHAM v. Hon. Telfair J. MASHBURN, as Judge of the Circuit Court of Baldwin County, Alabama, In Equity.

1 Div. 619.Supreme Court of Alabama.
August 20, 1970.

Original petition for writ of mandamus to require Hon. Telfair J. Mashburn, as Judge of the Circuit Court of Baldwin County, Alabama, In Equity, to require him to set aside an order granting a motion to strike petitioner’s demand for a jury trial.

Chason, Stone Chason, Bay Minette, for petitioner.

J. B. Blackburn, Bay Minette, McDermott Slepian, Mobile, for respondent.

COLEMAN, Justice.

In this proceeding, one of the respondents to a bill of complaint filed by Ray E. Loper Lumber Company, Inc., a corporation, separately applies for the same relief which was sought by the other respondents in Ex parte N. S. Whitman et al., v. Mashburn, 286 Ala. 209, 238 So.2d 709, decided this day.

The bill of complaint, the issues, and the result are the same in both cases.

Writ awarded conditionally.

LIVINGSTON, C. J., and BLOODWORTH, MADDOX and McCALL, JJ., concur.

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