Cates v. Sparkman

Texas Supreme Court

Cates v. Sparkman

18 S.W. 446, 66 Tex. 155, 1886 Tex. LEXIS 471

CourtTexas Supreme Court

DecidedApril 30, 1886

DocketCase No. 5698

StatusPublished

Cited by1 cases

This text of 18 S.W. 446 (Cates v. Sparkman) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cates v. Sparkman, 18 S.W. 446, 66 Tex. 155, 1886 Tex. LEXIS 471 (Tex. 1886).

Pincite

Opinion

Stayton, Associate Justice.

The record shows that “The Wise County Coal Company,” a private corporation, was made a defendant in this action, and that relief was sought against it as well as the other parties defendant of such character that the same could not be given without affecting all the defendants alike in this respect. It further appears that a judgment was rendered in favor of all the defendants, and yet no appeal was perfected as against the defendant corporation. The judgment is an entirety, and this court will not revise it until all the parties defendant are brought before it. Such a judgment in favor of many defendants cannot be appealed from by piecemeal. The appeal attempted in this case must, therefore, be dismissed. It is so ordered.

Appeal Dismissed.

[Opinion delivered April 30, 1886.]

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Stayton, Associate Justice.

The record shows that “The Wise County Coal Company,” a private corporation, was made a defendant in this action, and that relief was sought against it as well as the other parties defendant of such character that the same could not be given without affecting all the defendants alike in this respect. It further appears that a judgment was rendered in favor of all the defendants, and yet no appeal was perfected as against the defendant corporation. The judgment is an entirety, and this court will not revise it until all the parties defendant are brought before it. Such a judgment in favor of many defendants cannot be appealed from by piecemeal. The appeal attempted in this case must, therefore, be dismissed. It is so ordered.

Appeal Dismissed.

[Opinion delivered April 30, 1886.]

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Bluebook (online)

18 S.W. 446, 66 Tex. 155, 1886 Tex. LEXIS 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cates-v-sparkman-tex-1886.

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