Hibbets v. Johnson

This is an original mandamus proceedings by relators, Anna I. Hibbets et al., seeking to compel respondent, J. E. Johnson, County Judge of Armstrong County, Texas, to enter judgment on a jury verdict in relators favor.

This was a condemnation suit. After the jury had rendered its verdict in the County Court trial, the condemnors made a motion for a new trial. There was never any judgment entered but the trial judge granted the motion for new trial. Rule 300 of Texas Rules of Civil Procedure provides that where a special verdict is rendered, the court shall render' judgment thereon unless set…