Reynolds v. Gilbert

284 S.W. 330

Opinion

LITTLER, J.

This is a suit instituted by Scott W. Gilbert, appellee, against J. H. Reynolds, W. H. Reynolds, and O. M. Reynolds, appellants, to recover upon a promissory note in the sum of $3,280.50, alleged to be executed by the three defendants, J. H. Reynolds, W. H. Reynolds, and C. M. Reynolds.

The record shows that a Judgment.was rendered against J. H. Reynolds and O. M. Reynolds, but fails to show that disposition of the case was made as to the defendant W. H. Reynolds, and therefore fails to show that there was a final judgment in the case. Kolp v. Weil Bros. (Tex. Civ. App.) 173 S. W. 1006; Willis v. Keator (Tex. Civ. App.) 181 S. W. 556; G., C. & S. F. Ry. Co. v. Atlantic Fruit Dist. (Tex. Civ. App.) 184 S. W. 294; Williams v. Bell, 53 Tex. Civ. App. 474, 116 S. W. 837; Railway Co. v. Scott, 78 Tex. 360, 14 S. W. 791; Railway Co. v. Smith Co., 58 Tex. 76.

There being no final judgment shown by the record, this court is without jurisdiction, and the appeal is therefore dismissed.