Ogburn v. Blackburn

ON MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS

Relators Roger Ogburn and Marty Og-burn, husband and wife, move for leave to file their petition for writ of mandamus as an original proceeding in this Court. They seek the writ to compel respondent, the Honorable J.E. Blackburn, Judge of the 84th Judicial District Court of Ochiltree County, to vacate his 9 September 1985 order granting a motion to transfer and to deny the motion in Cause No. 7096 on the docket of the trial court. Because the re spondent judge’s action, even if erroneous, is not controllable by mandamus, the motion for…