Dial v. Collins

Citations

• 40 Tex. 367

Syllabus

<p>On Rehearing.</p> <p>1. The act of November, 1871, regarding appeals, is inoperative in appeals from interlocutory judgments.</p> <p>2. The action of the District Court in granting a motion for new trial is not a judgment final from which an appeal can ,be taken, nor is this rule varied by the fact that two new trials had before been granted the appellee.</p> <p>3. Distinguished from McKean v. Ziller, 9 Texas, 58; and Warner v. Bailey, 7 Texas, 520.</p>