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MORRIS v. HOERSTER

Nos. A-9664, A-9665.

370 S.W.2d 451 (1963)

Chester R. MORRIS, Petitioner, v. Sam A. HOERSTER and John T. Middleton, Respondents. Chester R. MORRIS, Petitioner, v. Joseph R. SMILEY et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 2, 1963.

Attorney(s) appearing for the Case

Chester R. Morris, petitioner pro se.

Waggoner Carr, Atty. Gen., Austin, Pat Bailey, Asst. Atty. Gen., for respondents.

PER CURIAM.

We agree with the result reached by the Court of Civil Appeals. 368 S.W.2d 639. However, we do not agree with the Court of Civil Appeals that petitioner's recourse in denial of a bill of discovery brought in conjunction with pending litigation, though brought as an independent action, is only by way of mandamus in the Supreme Court. The reasoning in Crane v. Tunks, 160 Tex. 182, 328 S.W.2d 434

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