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

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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.