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Johnson v. Gibson

Court of Civil Appeals of Texas, Beaumont
Jul 16, 1970
457 S.W.2d 114 (Tex. Civ. App. 1970)

Opinion

No. 7176.

June 25, 1970. Motion for Rehearing Denied July 16, 1970.

R. E. McDaniel, Beaumont, for relator.

Orgain, Bell Tucker, Beaumont, for respondents.


Relator's amended motion for leave to file a petition for mandamus, together with the replies of Respondents thereto, having been considered by the court, it is ORDERED that leave to file such petition be and the same is denied and refused. Rule 383. Relator has a complete and adequate remedy at law, Article 2324, Vernon's Ann.Civ.St., and may not invoke our original jurisdiction under such circumstances. Boothe v. Nelson, 321 S.W.2d 321 (Amarillo, Tex.Civ.App., 1959, original proceedings). Furthermore, Respondent Gibson has indicated a willingness to perform the duty imposed by statute. Lane v. Ross, 151 Tex. 268, 249 S.W.2d 591, 593 (1952). We express no opinion upon the merits, if any, of the controversy which is made the basis of these proceedings.


Summaries of

Johnson v. Gibson

Court of Civil Appeals of Texas, Beaumont
Jul 16, 1970
457 S.W.2d 114 (Tex. Civ. App. 1970)
Case details for

Johnson v. Gibson

Case Details

Full title:D. D. JOHNSON, Relator, v. Winona GIBSON and Granite State Insurance…

Court:Court of Civil Appeals of Texas, Beaumont

Date published: Jul 16, 1970

Citations

457 S.W.2d 114 (Tex. Civ. App. 1970)