Legal Opinion

Barrier v. Lowery

Texas Supreme Court

Decided February 20, 1929No. 5033PublishedCited by 23 opinions

1Opinion of the Court

Mr. Judge LEDDY

delivered the opinion of the Commission of Appeals, Section B.

Relators seek in an original application for mandamus to require Royall Watkins, judge of the 95th District Court at Dallas, to proceed to trial of a cross action filed by them in a certain suit brought in that court by respondent PI. J. Lowery. It appears that plaintiffs’ cause of action in that suit was dismissed for want of prosecution, but the cross action filed by relators therein remained on the docket for trial. Before a trial thereon could be obtained, the respondent Lowery filed an independent suit in the…

2Cases cited6 opinions

  1. Cleveland v. WardTexas Supreme Court · 1926
  2. State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
  3. Benson v. FulmoreTexas Commission of Appeals · 1925
  4. Long v. LongCourt of Appeals of Texas · 1925
  5. Miller & Vidor Lumber Co. v. WilliamsonCourt of Appeals of Texas · 1914

1 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Davis v. McCray Refrigerator Sales Corp.Texas Supreme Court · 1941
  2. Simmons v. Superior CourtCalifornia Court of Appeal · 1950
  3. State of Texas v. EppersonTexas Supreme Court · 1931
  4. Smock v. FischelTexas Supreme Court · 1948
  5. Lord v. ClaytonTexas Supreme Court · 1961

18 more not listed; retrieve them via the Exa API.

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