West v. Bagby

Hemphill, Ch. J.

In this case, there is a motion to dismiss the writ, for the want of a final judgment. The entry is, that the cause be dismissed, but because the jury fee hath not been paid, the same is entered as a non-suit. It is therefore 'considered by the Court that the defendant have and recover of the plaintiff all costs, &c.

This is rather a meagre entry of a final judgment; but under the rules laid down in Hanks v. Thompson, (5 Tex. R. 6,) it is sufficient. A final judgment is there defined to be, the award of the judicial consequences which the law attaches to the facts, and…