Howard Gault & Son, Inc. v. Metcalf

ELLIS, Chief Justice.

The original mandamus proceeding is brought by relator, Howard Gault and Son, Inc., seeking to compel the Honorable Michael P. Metcalf, in his capacity as Judge of the 69th Judicial District Court in and for Deaf Smith County, Texas, to proceed to trial as to all three defendants in pending Cause No. 6697, styled Howard Gault and Son, Inc. v. First National Bank of Hereford, Texas, Pitman Grain Company and T. B. Thomas, Jr., rather than as to T. B. Thomas, Jr., the only party affirmatively granted a new trial. Writ refused.

At a previous jury trial, the trial court…