Fitzgerald v. Fitzgerald

Texas Supreme Court

Fitzgerald v. Fitzgerald

21 Tex. 415

CourtTexas Supreme Court

DecidedJuly 1, 1858

StatusPublished

Cited by8 cases

This text of 21 Tex. 415 (Fitzgerald v. Fitzgerald) 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

Fitzgerald v. Fitzgerald, 21 Tex. 415 (Tex. 1858).

Pincite

Opinion

Hemphill, Ch. J.

In this case the writ of error must be-dismissed for the want of a final judgment in the cause. There was a verdict for defendant, upon which there is a judgment for costs only ; but no such entry as that the plaintiffs take nothing by their suit, or other definitive sentence in favor of the defendant upon the matters contained in the record. It has been repeatedly held that the judgment for costs alone is not such final judgment as can be brought up for revision-(Warren v. Shuman et al., 5 Tex. R. 411.) Writ of error dismissed.

Dismissed.

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Hemphill, Ch. J.

In this case the writ of error must be-dismissed for the want of a final judgment in the cause. There was a verdict for defendant, upon which there is a judgment for costs only ; but no such entry as that the plaintiffs take nothing by their suit, or other definitive sentence in favor of the defendant upon the matters contained in the record. It has been repeatedly held that the judgment for costs alone is not such final judgment as can be brought up for revision-(Warren v. Shuman et al., 5 Tex. R. 411.) Writ of error dismissed.

Dismissed.

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Bluebook (online)

21 Tex. 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzgerald-v-fitzgerald-tex-1858.

Opinion

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