Jones v. Smith

COLEMAN, Justice.

By this suit Relators seek mandamus requiring the Judge of the 61st Judicial District Court of Harris County, Texas, to set aside his order declaring a mistrial, and to proceed to trial and judgment.

Relators are the plaintiffs and A. C. Investment Company is the defendant in Cause No. 772,327 in the 61st District Court. The cause was tried to a jury from January 4 through January 8, 1971, resulting in a verdict. Thereafter both Relators and Respondent filed motions for judgment. On March 26, 1971, Judge Smith, on his own motion, entered an order declaring a mistrial, reciting…