Hancock v. Metz
Texas Supreme Court
Appeal from Travis. The appellant having- failed to file the transcript within the time prescribed bylaw, the judgment was affirmed, ou motion of the appellee, without reference to the merits. Afterwards, the appellant moved to set aside the affirmance, on the ground that there had not been a final [judgment] in the court below. The'judgment of the court below had been on a verdict in favor of the defendant, that she should recover her costs from the plaintiff.
1Opinion of the Court
Hemphill, Ch. J.
In tills cause, on the issue made between the parties, the jury found for the defendant, and the judgment of the court upon the verdict was, that she should have and recover her costs from the plaintiff. We have repeatedly decided that such a judgment did not determine the matter in controversy; that it was no such final judgment as would authorize an appeal. There should have been a decree or judgment, that the plaintiff take nothing by his suit, and that the defendant go" hence without day. As was said in Scott v. Burton, decided at Tyler, 1S51, the form of the judgment is…
2Cited by9 opinions
- Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
- Fitzgerald v. Evans & HuffmanTexas Supreme Court · 1880
- Kuehn v. KuehnCourt of Appeals of Texas · 1921
- Neyens v. FlesherIndiana Court of Appeals · 1907
- Corley v. CorleyWest Virginia Supreme Court · 1903
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