TEXAS GEN. INDEM. CO. v. SMITH

No. 17915.

616 S.W.2d 241 (1981)

TEXAS GENERAL INDEMNITY COMPANY, Relator, v. Honorable Shearn SMITH, District Judge, Respondent.

Court of Civil Appeals of Texas, Houston (1st Dist.).

January 8, 1981.


Attorney(s) appearing for the Case

Boswell, O'Toole, Davis & Pickering; Mike Phillips, Houston, for relator.

Thomas Thurlow, Houston, for respondent.


Original Mandamus Proceeding

WARREN, Justice.

This original writ of mandamus is brought to compel the trial judge to set aside an order declaring a mistrial and to require him to enter a judgment on the jury's verdict.

The plaintiff in the trial court sued to set aside an award of the Industrial Accident Board. Before the trial on the merits began, the plaintiff and defendant stipulated that the average weekly wage of the plaintiff before the accident...

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