Dallas Joint Stock Land Bank v. Rawlins

In Dallas Joint Stock Land Bank v. Rawlins, 129 S.W.2d 485 (Tex. Civ. App.-Dallas 1939, orig. proceeding), the State of Texas filed a bill of discovery pursuant to former Texas Rule of Civil Procedure 737 seeking the names and addresses of Dallas Joint Stock Land Bank's stockholders in order to demand payment and, if necessary, sue those stockholders for the recovery of taxes. See Rawlins, 129 S.W.2d at 485-86. The trial court ordered Dallas Joint Stock Land Bank to answer the interrogatories. See id. at 486. Dallas Joint Stock Land Bank gave notice of appeal, but the trial judge refused to set the amount of the supersedeas bond because he believed the order was interlocutory and not appealable. See id. As a result, Dallas Joint Stock Land Bank filed a petition for mandamus. See id. The court of appeals concluded the order was final and appealable because no other relief was sought or contemplated against Dallas Joint Stock Land Bank and issued a writ of mandamus ordering the trial judge to set the amount of the supersedeas bond so Dallas Joint Stock Land Bank could appeal the order. See id. at 487.