Lane v. Ellinger
Texas Supreme Court
Error from Bastrop. Tried below before the Hon. David Sheeks. Suit on a warranty of soundness of a slave, instituted in 1861, which came to trial in February, 1869, and resulted in a verdict for Lane, the plaintiff in error, who was defendant below. Judgment, however, was not rendered on the verdict, and at the next succeeding term Lane moved for judgment final, ■nuncpro tunc. An order was entered overruling the motion. The writ of error was sued out to this order.
1Opinion of the CourtLindsay, J.
It appears from the record that there is no final judgment in this case. "Without such final judgment, there can be no appeal; and, of course, no writ of error, which can give this court jurisdiction. There can be no appeal taken or writ of error sued out, to the refusal of the district judge to enter a final judgment in a cause. Why the final judgment was not entered by the court below upon the return of the verdiet into court, this court has no right' to inquire into by appeal or writ of error. The jurisdiction of this court is exclusively appellate, and can be exercised only in cases of…
2Cases cited1 opinion
- Byers v. JanesTexas Supreme Court · 1847
3Cited by3 opinions
- Bostwick v. BucklinCourt of Appeals of Texas · 1945
- Fulcher v. StateTexas Supreme Court · 1873
- Reed v. ArnoldCourt of Appeals of Texas · 1937