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BUTTERY v. BETTS

No. B-364.

422 S.W.2d 149 (1967)

Henry BUTTERY et al., Relators, v. Hon. Charles O. BETTS, District Judge, Respondent.

Supreme Court of Texas.

Rehearing Denied January 17, 1968.

Attorney(s) appearing for the Case

Carlos Ashley, Jr., Llano, John W. Stayton, Fred B. Werkenthin, Austin, for relators.

Crawford Martin, Atty. Gen., Sam Kelley and Robert Flowers, Asst. Attys. Gen., Jacobsen & Long, Jake Jacobsen and Joe Long, Austin, Moursund & Ferguson, Tom Ferguson, Johnson City, for respondents.

POPE, Justice.

H. L. Buttery and others as relators, filed this original proceeding for a writ of mandamus directing Charles O. Betts, Judge of the 98th District Court of Travis County to vacate an order granting a new trial in a cause filed by relator. In our opinion the order granting the new trial is void because the court lost jurisdiction thirty days after rendition of judgment. Relators are entitled to a writ of mandamus. Article 5, § 3 of Tex.Const., Vernon...

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