J. M. Iley v. Sarah T. Hughes, District Judge

Summary

The Texas Supreme Court held that Rule 174(b) of the Texas Rules of Civil Procedure does not permit a separate trial of liability and damage issues in a personal injury action. Accordingly, the petition for a writ of mandamus to compel the trial judge to declare a mistrial was denied because the relator has an adequate remedy by appeal. The Court emphasized longstanding Texas policy against piecemeal trials. Justice Smith, dissenting, argued that mandamus should be issued because the trial judge had no discretion to sever the issues.