Wampler v. Walker

Decided December 15, 1866

Texas Supreme Court · decided 1866-12-15

Error from Dallas. The case was tried before Hon. Hat. M. Bureord, one of the district judges. The plaintiff' in error brought this action against A. G. Walker, J. H. Cole, and D. H. Brundage, to recover a tract of land in Dallas county, and also for damage's. As the rulings are confined to questions of service of process, and the facts with reference thereto being otherwise sufficiently stated, a detailed account of the case is not requisite. :

Cited by 2 later decisions — most recently December 1941

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1866-12-15

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Smith, J.

¶1—In this cause we find that the motion of Walker for a new trial was sustained, and there being no final judgment, this court has no jurisdiction of the cause, as has been often decided.

¶2The statement of facts does not appear to have been signed by the judge, by reason of which it could not be noticed in this court.

¶3The writ of error has not been served on the defendant Brundage, and only on the attorney of the defendant Cole, without showing that he cannot be found. This service is incomplete. Dor these defects the cause will be stricken from the docket.

¶4Dismissed.