From Casetext: Smarter Legal Research

Harrell v. Thompson

Supreme Court of Texas. October, 1942
Oct 14, 1942
140 Tex. 1 (Tex. 1942)

Opinion

Motion Number 15750.

Decided October 14, 1942.

Moot Case.

Where the defendant, after the filing of a suit against it, does an act which eliminates the wrong that the petition sought to correct, the case becomes moot and will not be entertained by the court.

The facts out of which this petition for mandamus grew are fully set out in the opinion.

The motion for leave to file is overruled.

Hornsby, Hornsby Kirk, of Austin, and R.M. Thornton, Jr., of Houston, for relator.

Gerald C. Mann, Attorney General, Grover Sellers, E.R. Simmons, Lloyd Armstrong and James D. Smullen, Assistants Attorney General, for respondents.

Black, Graves Stayton and John W. Stayton, all of Austin, filed motion for leave to intervene in behalf of respondent F.M. Corzelius.


H.M. Harrell has filed in this Court a motion for leave to file petition for a writ of mandamus to compel the Railroad Commission of Texas to enter an order restricting the production of gas in the Bammel Field, in Harris County, Texas, and allocating the gas produced from that Field among the leases and wells therein.

Since the filing of this petition the Railroad Commission has entered an order on the subject indicated, and the question presented by the motion is now moot. If the order entered is unsatisfactory, the relator has an adequate remedy by appeal therefrom. Vernon's Texas Statutes, Article 6049c, Section 8.

The motion for leave to file is therefore overruled.

Opinion delivered October 14, 1942.


Summaries of

Harrell v. Thompson

Supreme Court of Texas. October, 1942
Oct 14, 1942
140 Tex. 1 (Tex. 1942)
Case details for

Harrell v. Thompson

Case Details

Full title:H.M. HARRELL v. ERNEST O. THOMPSON ET AL

Court:Supreme Court of Texas. October, 1942

Date published: Oct 14, 1942

Citations

140 Tex. 1 (Tex. 1942)
165 S.W.2d 81

Citing Cases

Corzelius v. Harrell

This proceeding was dismissed for want of jurisdiction, on the ground that only the Supreme Court could issue…

Walker v. Packer

Appeals, 762 S.W.2d 898, 899 (Tex. 1988) (grant of new trial); Stringer v. Eleventh Court of Appeals, 720…