Associated Growers v. Smith

This is an original proceeding brought by Associated Growers against Honorable Tillman Smith, Judge of the 94th District Court of Nueces County. The relator seeks a mandamus ordering the district judge to> proceed to trial and judgment in a certain cause styled Associated Growers v. Guy A. Thompson, Trustee for St. Louis, Brownsville and Mexico Railway Company, and numbered 41793 on the docket of said court.

The appeal turns upon the nature of a judgment entered by the district court. If such order be interlocutory, then it would be the duty of the district judge to proceed to final judgment…