Philips v. Giles

ROBERTSON, Justice.

Relator Brenda Crew Philips brought this original proceeding under Tex.Rev.Civ.Stat. Ann. art. 1824 (Vernon 1964) seeking a writ of mandamus to compel respondent, the Honorable Owen Giles, to proceed to trial and judgment in a cause pending in his court in which she is the plaintiff. Relator contends respondent erroneously sustained the plea in abatement of defendant Russ in her suit below. Respondent contends we are without jurisdiction to grant a writ of mandamus in this case and, alternatively, that the plea in abatement was properly sustained. Assuming, without…