Squyres v. Rasmussen

MeOLENDON, o. j.

Appeal from an order granting a new trial upon motion filed after the term had expired at which final judgment was rendered. Appellees have moved to dismiss the appeal on the ground that the order appealed from is not a final judgment,' but merely interlocutory.

“Although the contrary might be inferred from some of the earlier decisions (8 Tex.' 342; 9 Tex. 69; 17 Tex. 114), it must now be regarded as settled that a new trial is never in fact granted after the adjournment of the term of the court at which the judgment is rendered, no matter what ¿re the grounds urged in support…