Ex Parte McDonald

The District Court of Waller County ordered Catherine E. McEnroe and others, all of McLennan County, to appear on November 29, 1968, to show why they held Michael Ray McEnroe “in custody and under restraint in his liberty.” No hearing was held on that date, but on March 15, 1969, opposing counsel wrote to relator, counsel for Catherine E. McEnroe, advising “that the hearing in connection with the Writ of Habeas Corpus will be heard before the Honorable 9th District Court in Waller County at 10:00 A.M. on the 24th day of March, 1969.”

Relator appeared in court on March 24, and when the Court…