BRAZZEL v. MURRAY

No. B-3103.

481 S.W.2d 801 (1972)

John BRAZZEL, Petitioner, v. Sid MURRAY et al., Respondents.

Supreme Court of Texas.

Rehearing Denied June 7, 1972.


Attorney(s) appearing for the Case

William Emerson Wright, Houston, for petitioner.

Wood, Burney, Nesbitt & Ryan, Allen Wood, Corpus Christi, for respondents.


McGEE, Justice.

This case involves the effect of the erroneous issuance of a mandate by the Clerk of the Court of Civil Appeals, the costs of court having not been paid at the time and subsequent dismissal of the cause purportedly under Rule 445, Texas Rules of Civil Procedure (T.R.C.P.).

The original suit was filed by John Brazzel on January 4, 1964, against Sid Murray and others. The trial court rendered judgment...

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