Berman v. Kirk

McCLOUD, Chief Justice.

Relators, Sydell Berman, Individually, and Sydell Berman and First National Bank in Dallas, as Independent Executors for the Estate of Max Berman, Deceased, and Perry Brothers, Inc., seek in this original proceeding writs of mandamus and prohibition to compel the Honorable Weldon Kirk, Judge of the 32nd Judicial District Court of Nolan County, Respondent, to set aside an order entered by Judge Kirk overruling Re-lators’ motion to abate an action pending in Judge Kirk’s court.

Relators contend that Irving A. Loeb, who was an indispensable party to the pending action, died…