Rush v. Stansbury

KILGARLIN, Justice.

This is an original mandamus proceeding which involves conflicting child custody decrees from Texas and Tennessee courts. The respondent district judge has rendered two orders: the first modified a Tennessee custody order by changing managing con-servatorship to the father; and, the second denied Mrs. Rush’s petition for writ of ha-beas corpus. We hold that the Tennessee decree takes precedence over the Texas action and, therefore, conditionally grant the writ of mandamus.

Garnett (Dantzler) Rush, relator, and Hubert Clark Dantzler, Jr., the real party in interest, were…