Bonham Wholesale Grocery Co. v. Myrick

On Rehearing.

The appellant now urges that its appeal be dismissed because there is no final judgment in the ease. This condition of the record was not brought to the attention of this court in the first instance. The suit, as brought, is against Mrs. Lou Myriek, Alvin Waters, and John Waters. The record does not show that the last two parties were not cited or did not make a voluntary appearance, or that any notice whatever was taken of them in the judgment. The ease as to them is not determined one way or the other. The judgment, therefore, is not a final one, and this court cannot do…