State National Bank v. Waxahachie National Bank

35 S.W. 1083, 14 Tex. Civ. App. 143, 1896 Tex. App. LEXIS 294

Opinion

KEY, Associate Justice.

Opinion.—Appellee, as plaintiff, brought this suit against the State National Bank of Vernon, E. B. Gaut, F. M. Mabry and A. U. Thomas, as defendants.

The original petition connects the defendant Thomas as purchaser under a sale made by defendant Mabry as trustee, with the transaction which, in part, forms the basis of the plaintiff’s suit; and specific and appropriate relief is asked in said petition as against Thomas; and we find nothing in the record showing that the plaintiff dismissed as to him.

The judgment recites that the defendant A. TJ. Thomas was duly cited; that he failed to answer, but made default; but it nowhere disposes of him as a party to the suit, nor of the cause of action set forth against him in the plaintiff’s petition.

Such being the case, it is not a final judgment, and therefore this court has no jurisdiction of the appeal. Simpson v. Bennett, 42 Texas, 241; Linn v. Arambauld, 55 Texas, 611; Railway v. Railway, 68 Texas, 98; Mignon v. Brinson, 74 Texas, 18; Mills v. Paul, 23 S. W. Rep., 189; Mills v. Paul, 23 S. W. Rep., 395. The appeal is dismissed.

Appeal dismissed•