Giersa v. Yocum

Opinion by

Willson, J.

§ 310. Judgment injustice's court final, when. Where the judgment in the justice’s court was as follows: “ This cause came on for trial, and the plaintiff and defendant appeared by counsel. The court, after hearing the evidence in this case, gave judgment against the plaintiff for all costs of this suit, for which let execution issue,”— held, that the judgment was not a final judgment, and the county court did not err in dismissing the appeal.

In support of the finality of the judgment, counsel for appellant cite Clay v. Clay, 7 Tex. 250; Wahrenberger v. Horan, 18 Tex. 57,…