Legal Opinion

Owens v. Mitchell

Texas Supreme Court

Decided July 1, 1870PublishedCited by 3 opinions

Appeal from Fort Bend. Tried below before the Hon. I. B, McFarland. Owens, the appellant, was plaintiff in the court below, and brought this action to recover an amount due him as manager or overseer of a plantation in Fort Bend county, belonging to Mason and William Briscoe. The services rendered by Owens were rendered under a contract of employment entered into by him with Mitchell as guardian of the Briscoes during their minority.

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Appeal from Fort Bend. Tried below before the Hon. I. B, McFarland. Owens, the appellant, was plaintiff in the court below, and brought this action to recover an amount due him as manager or overseer of a plantation in Fort Bend county, belonging to Mason and William Briscoe. The services rendered by Owens were rendered under a contract of employment entered into by him with Mitchell as guardian of the Briscoes during their minority. The suit was against Mitchell and the Briscoes, with allegations that Mitchell was insolvent, and that the services were proper and necessary for care of the…

1Opinion of the CourtDenison, J.

This is a case brought in the District Court of Fort Bend county by L. B. Owens against Thomas W. Mitchell and Mason and William Briscoe. It appears by the record that the two Briscoes demurred. The court sustained the demurrer and dismissed the case as to them, from which judgment the plaintiff appealed.

This wasi an interlocutory judgment and left the case pending against, the remaining defendant, Mitchell, as to whom there is. no-final judgment.

This court has no jurisdiction. The appeal is dismissed and the cause remanded.

Dismissed.

2Cited by3 opinions

  1. Boxwell v. Greeley Union National BankSupreme Court of Colorado · 1931
  2. National Guarantee Loan & Trust Co. v. FlyCourt of Appeals of Texas · 1902
  3. Boxwell v. Greeley Union National BankSupreme Court of Colorado · 1931

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