Dooly v. State

Texas Supreme Court
Dooly v. State, 33 Tex. 712 (Tex. 1871)
Ogden

Dooly v. State

Opinion of the Court

Ogden, J.

In this case no final judgment was entered in the court below, and the Attorney General moves this court to remand the case for a final judgment. But under the authority of Russell v. The State, 16 Texas, 147; O’Connell v. The State, 18 Texas, 843 ; Colvin v. The State, 23 Texas, 577, and Hathan v. The State, 28 Texas, 326, we are led to the conclusion, that until final judgment entered in the court below, this court has no jurisdiction of the case for any purpose whatever, and the only order this court can make in the case, is to dismiss it from the • docket, which is accordingly ordered.

Dismissed.

Reference

Full Case Name
T. M. Dooly v. State
Cited By
2 cases
Status
Published
Syllabus
1. When in a felony case no final judgment was entered up by the court below, this court can acquire no jurisdiction by an attempted appeal. The case cannot be remanded tor a final judgment, and the only disposition of it by this court is to strike it from the docket.