Myers v. Smitherman

NORVELL, Justice.

Upon further consideration of the question of this Court’s jurisdiction in the light of the authorities cited in appellees’ brief, we have concluded that the judgment from which the appeal is attempted, is not a final’judgment. There is a conflict of authority upon ■ the point, ■ but we regard the Supreme Court’s action in refusing .a writ of error in the case of Gallaher v. City Transportation Co. of Dallas, Tex.Civ. App., 262 S.W.2d 807, as definitely settling the matter, in accordance. with appellees’ contention.

The action was brought by,Alberta Myers, the surviving'wife…