Diggs v. Kelly

Court of Appeals of Texas

Diggs v. Kelly

150 S.W.2d 444, 1941 Tex. App. LEXIS 320

CourtCourt of Appeals of Texas

DecidedApril 11, 1941

DocketNo. 14205.

StatusPublished

Cited by2 cases

This text of 150 S.W.2d 444 (Diggs v. Kelly) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Diggs v. Kelly, 150 S.W.2d 444, 1941 Tex. App. LEXIS 320 (Tex. Ct. App. 1941).

Pincite

Opinion

McDONALD, Chief Justice.

This is an appeal from an order of the District Court of Wichita County, sustaining a general demurrer to an application for writ of habeas corpus.

“The mere sustaining of a general demurrer, in the absence of a further order denying the relief sought, or dismissing the case, is not a final judgment, and hence not an appealable order.” Hightower v. Kellam, Tex.Civ.App., 118 S.W.2d 657. See, also, 3 Texas Jurisprudence, Appeal and Error, Civil Cases, #67, and authorities therein cited.

Hence we are without jurisdiction to hear and determine the appeal. It is our duty to dismiss the appeal on our own motion when the record discloses that we have no jurisdiction.

It is accordingly ordered that this appeal be, and same is, dismissed.

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