Opinion
4 Div. 235.
October 24, 1941.
Wallace D. Walters, of Troy, for petitioner.
We are of the opinion the affidavit is not void, Ex parte McElroy (Ex parte Kelley), 241 Ala. 554, 4 So.2d 437, and the writ properly denied. Ex parte Campbell, 20 Ala. 89. Petitioner has sought no relief under Code 1940, Tit. 15, § 2, and any such application is not here presented nor was such presented to the circuit judge.
All the Justices concur, except KNIGHT, J., not sitting.