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WOMACK v. BERRY

No. A-5517.

291 S.W.2d 677 (1956)

David R. WOMACK, Relator, v. Charles D. BERRY et al., Respondents.

Supreme Court of Texas.

Rehearing Denied July 18, 1956.

Attorney(s) appearing for the Case

Taylor & Chandler, Austin, for relator.

Ramey & Ramey, Howard S. Smith, Sulphur Springs, Woodrow H. Edwards, Mount Vernon, for respondents.

WALKER, Justice.

This is an original proceeding in which relator, David R. Womack, seeks a writ of mandamus directing Honorable Charles D. Berry, Judge of the 8th District Court of Hopkins County, to set aside an order granting, pursuant to the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 as amended,1 a stay of proceedings pending in said court. Since the cause of action asserted by relator does not affect the defendant...

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