Rhone v. Ellis
Texas Supreme Court
Error from Houston. The case was tried before Hon. Reuben A. Reeves, one of the district judges. Shirley sued Rhone, Adair, and Hail; Rhone and Adair acknowledged service. There was no process, acknowledgment, or appearance as to Hail. Judgment against the “defendants” 1-y default. Rhone and Adair sued out a writ of error, in which they assign generally, that the judgment was contrary to law and evidence. The plaintiffs in error did not appear.
1Opinion of the CourtMoore, C. J.
This suit was brought by the plaintiff in error in the district court against Rhone," Adair, and Hail; *31the first two of whom accepted service. And the judgment from which this writ of error is prosecuted was rendered against them by default. But as to Hail, who is made in the petition a joint defendant, the record discloses neither a judgment, discontinuance, service, or citation. It is plainly and positively declared by statute, that there shall be but one final judgment in any case; and writs of error can be prosecuted to this court only on the final judgments of the distiict court.…
2Cited by5 opinions
- Williams v. D. H. Bell & Co.Court of Appeals of Texas · 1909
- Fr. Beck & Co. v. AvindinoCourt of Appeals of Texas · 1902
- White v. SmithCourt of Appeals of Texas · 1891
- Stephenson & Adams v. Tennant, Walker & Co.Court of Appeals of Texas · 1879
- Wills v. StateCourt of Appeals of Texas · 1878