No. 7363.

352 S.W.2d 357 (1961)

STATE of Texas, Appellant, v. Madison RAYBURN, Judge of the County Court at Law of Harris County, Texas, et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied December 29, 1961.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., L. P. Lollar, H. Grady Chandler, Joseph G. Rollins, Asst. Attys. Gen., Austin, for appellant.

Dow & Dow, M. Leon Kalvort, Houston, for appellees.

CHADICK, Chief Justice.

This is a mandamus action originating in a District Court of Harris County. Judgment was entered in the trial court sustaining a plea in abatement and dismissing the petition. Such judgment is reversed and judgment here rendered reinstating the petitioner's action for trial on its merits.

The State of Texas is appellant here and the appellees are the respondents named below. The appellees' brief contains the following


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