# Stoner v. Massey

> Texas Supreme Court · June 13, 1979 · 22 Tex. Sup. Ct. J. 438

URL: https://www.frixlaw.com/law-library/cases/9661927

## Case

- **Full name:** William Howard STONER, Relator, v. Honorable Frank A. MASSEY Et Al., Respondents
- **Court:** Texas Supreme Court
- **Decided:** June 13, 1979
- **Citations:** 22 Tex. Sup. Ct. J. 438; 586 S.W.2d 843; 1979 Tex. LEXIS 336
- **Precedential status:** Published
- **Opinion:** Dissent by Pope
- **Judges:** Campbell, Barrow, Steakley, Pope, McGee
- **Cited by:** 341 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9661927

## How later opinions describe it (automated extraction)

- stating that mandamus cannot issue until there has been a demand upon the court for performance followed by refusal
- stating three prerequisites to mandamus relief: a legal duty to perform, a demand for performance, and a refusal

## Opinion text

POPE, Justice,
dissenting.
I join in the dissent but would add this comment. This court has ordered a mandamus commanding the clerk of the court of civil appeals to file Ms. Willa Hudgins’ motion for rehearing that she has never tendered for filing. The document had not been prepared up to the time this cause was orally argued to this court, and so far as anyone knows, may never be prepared or tendered. But, the court has ordered the clerk to file it. The clerk has not failed in the performance of any duty with respect to Willa Hudgins’ phantom motion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9661927. Public record. Not legal advice.