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FINLAY v. JONES

No. B-1007.

435 S.W.2d 136 (1968)

Beulah J. FINLAY, Relator, v. Honorable Herman JONES, Judge of the 53rd Judicial District Court of Travis County, Texas, and John L. Moulden, Respondents.

Supreme Court of Texas.

Rehearing Denied January 15, 1969.

Attorney(s) appearing for the Case

Byrd, Davis, Eisenberg & Clark, Dick Allison, Austin, for relator.

Small, Herring, Craig, Werkenthin & Shannon, Bob Shannon, of counsel, for respondent in mandamus and nunc pro tunc proceedings only.

Jones, Blakeslee, Minton, Burton & Fitzgerald, Austin, for respondents.

CALVERT, Chief Justice.

By an original proceeding in this court, relator seeks issuance of a writ of mandamus to compel Judge Herman Jones to set aside an order, entered by him on May 17, 1968, granting a motion for new trial in Cause No. 144,607 on the docket of the 167th District Court of Travis County, or, alternatively, to set aside a nunc pro tunc judgment entered by him in the same cause on May 1, 1968. She is entitled to have the writ issue.

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