Ex Parte Eaton

This case, here on certiorari review from the Court of Civil Appeals, presents a question about the power of a trial judge to grant a motion for new trial on the specific ground that the moving parties had been prejudiced by a three-week recess in the middle of the trial, in view of the fact that the moving parties had objected to the trial court's granting of a mistrial requested by the other party during the trial, and had objected to the trial court's offer "on several occasions to grant a mistrial." The issue is whether a party can oppose the granting of a mistrial, assent to a…