Williams v. Wray, Motion No. 11392.

• Decision Date: 30 May 1934
• Docket Number: Motion No. 11392.
• Citation: Williams v. Wray, 72 S.W.2d 577, 123 Tex. 466 (Tex. 1934)
• Parties: WILLIAMS v. WRAY, Judge.
• Court: Texas Supreme Court

Page 577

72 S.W.2d 577

WILLIAMS v. WRAY, Judge.

Motion No. 11392.

Supreme Court of Texas.

May 30, 1934.

Motion by Mrs. Janie M. Williams for leave to file a petition for mandamus against Walter L. Wray, Judge of the Sixty-Sixth Judicial District.

Motion overruled without prejudice.

William D. Wear, of Hillsboro, for relator.

CURETON, Chief Justice.

On May 26, 1934, Mrs. Janie L. Williams, as relator, filed a motion for leave to file a petition for mandamus against Hon. Walter L. Wray, Judge of the Sixty-Sixth Judicial District. The mandamus is sought for the purpose of requiring Judge Wray to proceed with the trial of cause No. 16,313, pending in his court, in which the relator here is plaintiff and S. R. Raby and A. G. Raby are defendants. Said defendants are not made parties to the petition for mandamus. They are adverse claimants whose rights would be affected by a mandamus directing Judge Wray to proceed to trial. They are obviously necessary parties to this proceeding, and because they have not been made parties the motion for leave to file must be denied. 28 Texas Jurisprudence, p. 627, § 62; p. 629, § 63; Cullem v. Latimer, 4 Tex. 329; Chappell v. Rogan, 94 Tex. 492, 62 S. W. 539; Fain v. McCain (Tex. Civ. App.) 199 S. W. 889 (writ refused); O'Keefe v. Robison, Com'r, 116 Tex. 398, 292 S. W. 854; Scruggs v. McCart, 119 Tex. 464, 32 S.W.2d) 823; 38 Corpus Juris, p. 853, § 556, and cases in the notes; State v. Thompson, 118 Tenn. 571, 102 S. W. 349, 20 L. R. A. (N. S.) 1; Judge Perth Co. Ct. v. Whaley, 12 U. C. C. P., 552.

The motion for leave to file is overruled without prejudice to relator's right...