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STATE v. FINCH

No. 13920.

349 S.W.2d 780 (1961)

STATE of Texas, The State Highway Department and Bexar County, Texas, Relators, v. Hon. Delos FINCH, Judge of the 73rd Judicial District Court of Bexar County, Texas, and Remi Aelvoet and Wife, Maria Aelvoet, Respondents.

Court of Civil Appeals of Texas, San Antonio.

September 27, 1961.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., Raymond W. Weber, L. P. Lollar, Asst. Attys. Gen., Charles J. Lieck, Jr., Dist. Atty., L. J. Gittinger, Asst. Dist. Atty., San Antonio, for appellants.

Max N. Clifton, E. G. Bradley, San Antonio, for appellees.

POPE, Justice.

We are asked to grant a mandamus ordering the trial judge to enter judgment upon a verdict which was returned in open court and received by the court. The trial court received the verdict and discharged the jury, but granted a motion for mistrial filed several days later. The mandamus is proper.

Remi Aelvoet and wife, respondents, with the State's permission, sued the State, Bexar County, and the State Highway Department, relators. The suit...

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