Bess Burkitt Crane v. Honorable Bert H. Tunks, District Judge

Summary

The Texas Supreme Court held that the trial court's November 5, 1958 order granting a bill of discovery was not an abuse of discretion and therefore not subject to mandamus, but it vacated the November 12, 1958 order requiring the entire 1950 income‑tax return to be turned over without first determining relevance, issuing a writ of mandamus to correct that clear abuse of discretion. The Court also clarified that income‑tax returns are discoverable when relevance and materiality are shown and that mandamus may be issued where an appeal is inadequate.