Thomas v. White

GARDNER, Chief Justice.

Plaintiff sued to recover damages suffered, as he alleges in his complaint, on account of the negligence of defendant J. R. White in removing his house under contract with the State highway construction, and White’s bondsman is also made party defendant. Presumably, on account of adverse ruling on demurrer to his complaint plaintiff moved for a non-suit and appealed. The point is made by appellees that the judgment entered is not such a final judgment as will support an appeal, and of consequence the appeal should be dismissed.

After reciting that plaintiff moved for a…