W. N. Deramus, III v. Honorable W. L. (Jack) Thornton

Summary

The Texas Supreme Court denied the petition for a writ of mandamus seeking to vacate a contempt judgment against W.N. Deramus, holding that such judgments may be attacked only by habeas corpus and that mandamus is unavailable. The Court relied on longstanding Texas precedent and affirmed the adequacy of habeas corpus as the proper remedy. Justice Smith dissented, arguing that the contempt judgment was void and that mandamus should be granted. The dissent contends the majority’s policy is unsupported by law.