Pendleton v. Pace

(after stating the facts as above). [1] It is believed that this court has jurisdiction to determine the appeal. The judgment was in final determination of the right of appellant to a mandamus as well as restraining injunction as prayed in the petition. Under the statute an appeal would lie from such judgment because the record warrants the conclusion that there was trial by consent of the parties before the district judge in vacation. Article 1915, R. S.; Glenn v. Milam, 114 Tex. 160, 263 S. W. 900; Doeppenschmidt v. City of New Braunfels (Tex. Civ. App.) 289 S. W. 425.

It is believed that…