Richards v. Smith

CULVER, Justice.

Appellee, by motion, seeks to have this appeal dismissed. Appellant Richards in his bill of review sued appellee Smith and J. Frank Gragg. The summary judgment, while disposing of the claim against appellee, reserved decision on appellant’s claim against the defendant Gragg and therefore appellee says no final judgment has been rendered by the trial court in this cause. We differ with appellee for the reason that in our opinion the cause of action against appellee Smith and Gragg was severable and neither was a necessary par*726ty in a suit brought against the other. Big-gins v.…