
    No. 7083.
    The State ex rel. Harman vs. The Judge of the Fourth Court.
    When the defendant in a possessory action prays oyer of the plaintiff’s title or other writings, and an order is made to produce them on a given day in open court, “ and in default thereof that the suit be dismissed,” and this order not having been obeyed, the defendant moved the dismissal which was refused, and the plaintiff thereupon prayed an appeal from the order to produce, and being refused applied for a mandamus.
    
    
      Held, that the writ cannot be granted since there has not been any judgment of dismissal.
    For a Mandamus.
    
    
      Handlin for Relator. Houston, J., in pp.
    
   Marr, J.,

delivered the opinion.  