Linn v. Arambould
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Geo. H. Noonan. Suit brought by Concepcion Arambould (the former wife of Ignacio Perez, deceased), joined by her present husband, Refugio Arambould, in behalf of herself and her two minor children, Josefa and Trinidad Perez, by her first marriage, against Jacob Linn and wife, to set aside conveyances made by Ignacio Perez during his lifetime, and .shortly before his death, of certain parcels of land specified in the petition,…
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Appeal from Bexar. Tried below before the Hon. Geo. H. Noonan. Suit brought by Concepcion Arambould (the former wife of Ignacio Perez, deceased), joined by her present husband, Refugio Arambould, in behalf of herself and her two minor children, Josefa and Trinidad Perez, by her first marriage, against Jacob Linn and wife, to set aside conveyances made by Ignacio Perez during his lifetime, and .shortly before his death, of certain parcels of land specified in the petition, conveyed to Jacob Linn and his wife. The petition also alleged that said Ignacio Perez had alike sold, by bill of sale,…
1Opinion of the Court
Walker, P. J. Com. App.
The defendants having appealed, and assigning errors in the record for our consideration, we must first determine whether the supreme court has jurisdiction to entertain this appeal. If the judgment rendered by the district court is not a final judgment, as has been uniformly held, there does not lie an appeal from it.
The standard of the finality of a judgment was thus tersely stated by Justice Smith: “When the whole of *617the matter in controversy is disposed of as to all the parties, then there is a final judgment, and not before, from which an appeal or writ of error…
2Cases cited18 opinions
- Cannon v. HemphillTexas Supreme Court · 1851
- Warren v. ShumanTexas Supreme Court · 1849
- McFarland v. HallTexas Supreme Court · 1856
- Boles v. LinthicumTexas Supreme Court · 1877
- Scott v. BurtonTexas Supreme Court · 1851
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3Cited by97 opinions
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- Wagner v. WarnaschTexas Supreme Court · 1956
- Trammell v. RosenTexas Supreme Court · 1913
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