Heavy Haulers, Inc. v. Nicholson

Court of Appeals of Texas

Heavy Haulers, Inc. v. Nicholson

277 S.W.2d 250, 1955 Tex. App. LEXIS 2554

CourtCourt of Appeals of Texas

DecidedMarch 3, 1955

Docket12768

StatusPublished

Cited by6 cases

This text of 277 S.W.2d 250 (Heavy Haulers, Inc. v. Nicholson) 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.

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Heavy Haulers, Inc. v. Nicholson, 277 S.W.2d 250, 1955 Tex. App. LEXIS 2554 (Tex. Ct. App. 1955).

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Opinions

PER CURIAM.

The record in this case presents a question as to the appellate jurisdiction of this Court, which requires determination though not raised by point of error. The suit was filed in the County Court at Law of Harris County by Emma A. Nicholson, seeking a joint and several judgment against I-Ieavy Haulers, Inc., Hugo C. Wer-ner, and Frank Walker for damages alleged to have been sustained as a result of collisions between trucks owned or operated by the defendants and an automobile owned and operated by plaintiff. Trial was before a jury, and after receipt of verdict, judgment was entered that plaintiff take nothing- against Hugo Werner, and that plaintiff recover judgment against Heavy Haulers, Inc. for the sum of $771.15. No mention is made in the judgment of the defendant Frank Walker, and plaintiff’s asserted cause of action against him is in no manner disposed of, either expressly or by necessary implication. Such a judgment is not a final judgment from which an appeal will lie. Therefore, this Court is without jurisdiction to do other than dismiss the appeal. Latshaw v. Barnes, Tex.Civ. App., 170 S.W.2d 531.

Appeal dismissed.

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PER CURIAM.

The record in this case presents a question as to the appellate jurisdiction of this Court, which requires determination though not raised by point of error. The suit was filed in the County Court at Law of Harris County by Emma A. Nicholson, seeking a joint and several judgment against I-Ieavy Haulers, Inc., Hugo C. Wer-ner, and Frank Walker for damages alleged to have been sustained as a result of collisions between trucks owned or operated by the defendants and an automobile owned and operated by plaintiff. Trial was before a jury, and after receipt of verdict, judgment was entered that plaintiff take nothing- against Hugo Werner, and that plaintiff recover judgment against Heavy Haulers, Inc. for the sum of $771.15. No mention is made in the judgment of the defendant Frank Walker, and plaintiff’s asserted cause of action against him is in no manner disposed of, either expressly or by necessary implication. Such a judgment is not a final judgment from which an appeal will lie. Therefore, this Court is without jurisdiction to do other than dismiss the appeal. Latshaw v. Barnes, Tex.Civ. App., 170 S.W.2d 531.

Appeal dismissed.

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Bluebook (online)

277 S.W.2d 250, 1955 Tex. App. LEXIS 2554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heavy-haulers-inc-v-nicholson-texapp-1955.

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