Owens v. Mitchell

Texas Supreme Court
Owens v. Mitchell, 33 Tex. 225 (Tex. 1870)
Denison

Owens v. Mitchell

Opinion of the Court

Denison, J.

This is a case brought in the District Court of Fort Bend county by L. B. Owens against Thomas W. Mitchell and Mason and William Briscoe. It appears by the record that the two Briscoes demurred. The court sustained the demurrer and dismissed the case as to them, from which judgment the plaintiff appealed.

This wasi an interlocutory judgment and left the case pending against, the remaining defendant, Mitchell, as to whom there is. no-final judgment.

This court has no jurisdiction. The appeal is dismissed and the cause remanded.

Dismissed.

Reference

Full Case Name
J. B. Owens v. T. W. Mitchell and others
Cited By
3 cases
Status
Published
Syllabus
1. In a suit for.debt against-several defendants, a judgment sustaining a demurrer of some of the defendants to the petition, and dismissing the cause as to them, but leaving it undisposed of as respects the defendant who did not demur, is only an interlocutory judgment, from which no appeal to the Supreme Court will lie.