State Ex Rel. Burns v. Phillips

FOSTER, Justice.

This is an appeal from a judgment of the circuit court denying a petition for mandamus to the probate judge of the county, and dismissing it.

This ruling was on a petition to require the judge of probate to rescue himself in a condemnation proceeding by the county on account of his bias and interest as a member of the commissioners’ court, which ordered the proceeding.

The trial court stated that the judge had already acted on the condemnation petition at the time the petition for mandamus was filed in the circuit court. That court denied relief a,nd dismissed the petition…