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17 Tex. 519

Messner v. Lewis

Texas Supreme Court

Decided July 1, 1856

Texas Supreme Court · decided 1856-07-01

Tried below, before the Hon. B. B. B. Baylor. Suit by appellees against appellant, on note and account, commenced March 20th, 1855 ; attachment obtained same time, returned levied on a stock of merchandize. Motion, October 4th, 1855, to quash the attachment. Motion, April 16th, 1856, to quash an amended return of the attachment.

Decided 1856-07-01

Wheeler, J.

¶1This appeal was taken from the overruling of the motion to quash the attachment. The notice of appeal refers to that ruling, and has no reference to the final judgment. It cannot be held to apply to the final judgment, thereafter rendered. The appeal bond describes the final judgment as the one appealed from ; but there is, in the record, no notice of such appeal. Notice of appeal is essential to give this Court jurisdiction of the case, on appeal. (1 Tex. R. 199; 6 Id. 76.) It is wanting in the present, case.

¶2The judgment upon the motion to quash the attachment was an interlocutory judgment, from which an appeal does not lie : (2 Tex. R. 163, 529; 8 Id. 341.,) if it did, the bond would not sustain the appeal in this case ; for it describes, not the judgment appealed from, but a different judgment. There is a discrepancy between the judgment appealed from and the *521bond, which, of itself, would be fatal to the appeal. But, because there is no notice of appeal from the final judgment, the appeal must be dismissed.

¶3Appeal dismissed.

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