H. M. Cohen Lumber & Building Co. v. McCalla

• Court: Texas Court of Appeals
• Writing for the Court: Per Curiam
• Citation: H. M. Cohen Lumber & Building Co. v. McCalla, 142 S.W.2d 685 (Tex. App. 1940)
• Decision Date: 01 August 1940
• Docket Number: No. 11133.,11133.
• Parties: H. M. COHEN LUMBER & BUILDING CO. v. McCALLA, Judge.

Page 685

142 S.W.2d 685

H. M. COHEN LUMBER & BUILDING CO. v. McCALLA, Judge.

No. 11133.

Court of Civil Appeals of Texas. Galveston.

August 1, 1940.

Original application by H. M. Cohen Lumber & Building Company for a writ of mandamus to compel the judge of the 127th District Court of Harris County, Honorable Kenneth McCalla, to change the records in his court in a cause wherein relator was one of defendants. On respondent's motion to dismiss for want of necessary parties.

Motion to dismiss granted and petition dismissed.

Woodul, Arterbury & Folk and Roy L. Arterbury, all of Houston, for relator.

Wood, Morrow, Gresham & McCorquodale, M. S. McCorquodale, and Sam Levy, all of Houston, for respondent.

PER CURIAM.

Relator herein sues the Judge of the 127th District Court of Harris County, Hon. Kenneth McCalla, alone, in an original application to this court for a writ of mandamus to compel him to so change the records in his court in cause No. 243,976, wherein Steve Panos is plaintiff, H. M. Cohen Lumber & Building Company, relator herein, is a defendant, H. Charney is a defendant, N. D. Dobbins is a defendant, Maryland Casualty Company is a defendant, and Maryland Casualty Company is a cross-plaintiff, as to reflect that relator's original motion for a new trial in such cause below was actually filed there on June 6 of 1940, instead of on June 1 of 1940, and to consider relator's amended motion for a new trial in that cause, which was filed on June 22...