Moore v. Schooner Anna Maria

11 Tex. 655

Opinion

Lipscomb, J.

The last action taken by the Court below, in this case, as appears from the transcript of the record, is as follows, viz:

“ Eall Term, 1848—December 6th, 1848. -The motion “ heretofore filed for judgment upon the stipulation bond filed “ in this cause, after argument of counsel, was submitted to “the Court. The Court took time to consider thereof; after “ mature deliberation, it is considered, ordered and adjudged, “ that said motion be, and the same is hereby overruled. No- “ tice of appeal by counsel for the plaintiffs.”

The transcript of the record was afterwards brought into this Court by a writ of error.

This Court cannot take jurisdiction until there has been a final judgment rendered in the Court below. The order sought to be revised, in this case, has no pretention to be a final judgment. The writ of error must therefore be dismissed.

Writ of error dismissed.