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RAMSEY v. GARDNER

No. 5080.

279 S.W.2d 584 (1955)

Ben RAMSEY, Relator, v. J. Harris GARDNER, District Judge et al., Respondents.

Supreme Court of Texas.

Rehearing Denied June 15, 1955.

Attorney(s) appearing for the Case

Tisinger & Sloan, David L. Tisinger, Looney, Clark & Moorhead, R. Dean Moorhead and Donald S. Thomas, Austin, for relator.

Wm. Yelderman, Austin, for respondent, Johnson.

WALKER, Justice.

This is an original petition for writs of mandamus and prohibition filed by Ben Ramsey, relator, against Honorable J. Harris Gardner, Judge of the 53rd District Court of Travis County, C. T. Johnson, Henry Beck, William Yelderman and Roy Martin, respondents, the last two named being Mr. Johnson's attorneys. The principal question is whether a proceeding to perpetuate testimony under Rule 187, Texas Rules of Civil Procedure, is subject to the mandatory...

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