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3 Willson 33

Wheeler v. Davis

Court of Appeals of Texas

Decided November 4, 1885

Court of Appeals of Texas · decided 1885-11-04

<p>Appeal from Mitchell County.</p> <p> (Transferred from Austin. J </p>

Decided 1885-11-04

¶1Opinion by

Hurt, J.

¶2§13. Judgment, when not final; if not final, appeal from will he dismissed. This was a suit by appellee against appellant and one John Burton. The verdict of the juxy was: “We, the jury find for the plaintiff: the sum of ($500) five hundred dollars. ” The judgment is, “that the plaintiff Nettie Davis do have and recover of and from the defexxdant Axxnie Wheeler the sum of five hundred dollars axxd all costs,” etc. This is not a final judgment, in that it does not dispose of the case as to the defendant John Burton, axxd hence this court has no jurisdiction of the appeal. [W. & W. Con. Rep. § 24.]

¶3Appeal dismissed.

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