White v. Munson

GRAVES, Justice.

In this original application for a writ of mandamus, brought here pursuant to R.S. Article 1824, Vernon’s Ann.Civ.St. art. 1824, and Rule 383, Texas Rules of Civil Procedure, relators seek to compel the Twenty-Third District Court of Matagorda County, Texas, and the Hon. M. S. Mun-son, as the Judge thereof, to set aside an order of that court in cause No. 13,283 upon its docket, styled Vera White et al. v. Phoenix Dairy, entered January 17, 1942, setting aside a jury’s verdict therein, after a trial on the facts, and declaring a mistrial, upon a holding that “there was an…