Stroud v. Lindsey

OPINION

HILL, Justice.

In this original proceeding, Mattie Pearl Stroud seeks a writ of mandamus to compel the Honorable John R. Lindsey, Judge of the 271st District Court, to transfer a certain probate proceeding to the County Court at Law of Wise County, from which it had previously been transferred. Stroud contends that the district court lacks jurisdiction since section 5(c) of the Probate Code compels that such a proceeding be heard in the County Court at Law of Wise County, a statutory county court exercising the jurisdiction of a probate court.

We conditionally grant the writ, because we…