Buttery v. Betts

POPE, Justice.

H. L. Buttery and others as relators, filed this original proceeding for a writ of mandamus directing Charles O. Betts, Judge of the 98th District Court of Travis County to vacate an order granting a new trial in a cause filed by relator. In our opinion the order granting the new trial is void because the court lost jurisdiction thirty days after rendition of judgment. Relators are entitled to a writ of mandamus. Article 5, § 3 of Tex.Const., Vernon’s Ann.St.; art. 1733, Vernon’s Ann. Civ.Stat.

Relators made application to the Savings and Loan Commission for a charter for a new…