Lone Star Cement Corporation, Relator v. J. Roll Fair, District Judge, Respondents

Summary

The Texas Supreme Court held that the non‑suit order dismissed only Lonnie R. Chant, not B. W. Rush, and that the nunc pro tunc judgment of October 23, 1969 attempting to correct the default judgment was void because it sought to remedy a judicial error; consequently the November 17, 1969 order granting a new trial was also void. The Court therefore granted the petition for a writ of mandamus directing the lower judges to set aside those judgments.