Legal Opinion · Dissent

Johnston v. Chapman

Court of Appeals of Texas

Decided May 9, 1955No. 6497Published

1DissentPitts, Chief Justice

As I view the record, the majority opinion does not dispose of the matter presented! *601here in accordance with the long established rules governing procedure in an original mandamus action such as we have before us. In my opinion, the majority opinion erroneously goes into the merits of the case out of which this action arose and seeks to determine a disposition of the issues as if such issues were before us on appeal. As I understand the majority opinion it finally directs the trial court to set aside its former judgment of adoption, set aside its order of a mistrial, accept. the partial…

2Cases cited21 opinions

  1. Callahan v. GilesTexas Supreme Court · 1941
  2. Wortham v. WalkerTexas Supreme Court · 1939
  3. Westerman v. MimsTexas Supreme Court · 1921
  4. Moore v. Rock Creek Oil Corp.Texas Commission of Appeals · 1933
  5. Wright v. SwayneTexas Supreme Court · 1911

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