Texas Supreme Court
C. E. Fulton v. Honorable Delos Finch, District Judge
May 24, 1961162 Tex. 351
Summary
The Texas Supreme Court held that the district judge's June 16 order setting aside a granted new trial was void because it violated Rule 329‑b's 45‑day limitation, and therefore the case remained pending, justifying the issuance of a conditional writ of mandamus under Articles 1734 and 1824 despite the availability of an appeal.