Ramsey v. Gardner

This is an original petition for writs of mandamus and *459prohibition filed by Ben Ramsey, relator, against Honorable J. Harris Gardner, Judge of the 53rd District Court of Travis County, C. T. Johnson, Henry Beck, William Yelderman and Roy Martin, respondents, the last two named being Mr. Johnson’s attorneys. The principal question is whether a proceeding to perpetuate testimony under Rule 187, Texas Rules of Civil Procedure, is subject to the mandatory continuance provisions of Art. 2168a, Vernon’s Annotated Texas Civil Statutes. We have concluded that it is not.

On December 1, 1954, C. T.…