Linn v. Arambould
Citations
- 55 Tex. 611
- 1881 Tex. LEXIS 159
Syllabus
<p>1. Final judgment — Appeal — Jurisdiction.— In a suit to cancel deeds on account of fraud in their procurement, the judgment was for the plaintiff, directing a writ of restitution and execution for costs, but reciting that inasmuch as a new trial had been granted in regard to the issue raised by the pleadings as to the amount of the purchase money paid by defendants, the judgment or decree cancelling the deeds should be held in abeyance until that issue should be determined. Held,</p> <p>(1) There could be no final judgment from which an appeal or writ of error could be prosecuted, until all the issues as to all the parties had been finally adjudicated in the district court.</p> <p>(2) No order or decree which does not preclude further proceedings in the case in the court below can be regarded as final.</p> <p>(8) The defendants having prayed for a condemnation and sale of the land to satisfy their claim for purchase money, and that issue remaining undisposed of, the judgment was interlocutory, from which no appeal could be taken.</p> <p>(4) The cause should proceed in the district court as though no trial had occurred.</p> <p>(5) The district court should allow the case to be reinstated on its docket after notice.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- surveying several 17 See Hanks v. 5 Tex. 6, 8 (1849) tests for determining when a judgment is final
- surveying several tests for determining when a therefore dismissed the appeal as not having been timely judgment is final
- surveying several tests for determining when a judgment is final
- surveying several tests for determining when a judgment is final
- surveying several tests for determining when a judgment is final
- surveying several tests for determining when a judgment is final
Source: CourtListener parenthetical corpus (CC0).
Judges: App, Com, Walker
Read full opinion on CourtListenerCited by
33 cases in this archive cite this case; the 20 most cited are listed.
- Lehmann v. Har-Con Corp.Texas Supreme Court· 2001-02-01· cited 4,923×
- North East Independent School District v. AldridgeTexas Supreme Court· 1966-03-30· cited 868×
- Wagner v. WarnaschTexas Supreme Court· 1956-11-28· cited 288×
- Morrow v. CorbinTexas Supreme Court· 1933-06-24· cited 287×
- Wootters v. KauffmanTexas Supreme Court· 1887-03-11· cited 54×
- Harrison v. OrrTexas Commission of Appeals· 1927-06-25· cited 49×
- Kinney v. Tri-State Telephone Co.Texas Commission of Appeals· 1920-05-26· cited 38×
- Bergeron v. SessionCourt of Appeals of Texas· 1977-06-28· cited 32×
- Riddle v. BeardenCourt of Appeals of Texas· 1904-05-14· cited 20×
- Walker v. GarlandTexas Commission of Appeals· 1922-01-04· cited 20×
- Texas & Pacific Railway Co. v. Fort Worth Street Railway Co.Court of Appeals of Texas· 1889-11-12· cited 16×
- Whittaker v. GeeTexas Supreme Court· 1885-03-03· cited 15×
- Bradford v. TaylorTexas Supreme Court· 1885-07-01· cited 11×
- Mills v. PaulCourt of Appeals of Texas· 1892-11-02· cited 9×
- Leon & H. Blum v. Schram & Co.Texas Supreme Court· 1883-02-09· cited 9×
- Wood v. Gulf Production Co.Court of Appeals of Texas· 1936-12-03· cited 9×
- Southern Trading Co. of Texas v. FeldmanTexas Commission of Appeals· 1924-03-19· cited 8×
- Alpha Petroleum Co. v. DunnCourt of Appeals of Texas· 1933-05-12· cited 8×
- Cleghorn v. Chicago, R. I. & P. Ry. Co.Court of Appeals of Texas· 1949-12-12· cited 5×
- Keystone Pipe & Supply Co. v. Liberty Refining Co.Texas Commission of Appeals· 1924-04-30· cited 4×
Cites
17 cases in this archive are cited by this case.
- Cannon v. HemphillTexas Supreme Court· 1851-07-01· cited 90×
- Warren v. ShumanTexas Supreme Court· 1849-12-15· cited 38×
- McFarland v. HallTexas Supreme Court· 1856-07-01· cited 28×
- Boles v. LinthicumTexas Supreme Court· 1877-07-01· cited 25×
- Scott v. BurtonTexas Supreme Court· 1851-07-01· cited 23×
- West v. BagbyTexas Supreme Court· 1854-07-01· cited 23×
- Long & Berry v. GarnettTexas Supreme Court· 1876-07-01· cited 20×
- Rodrigues v. TrevinoTexas Supreme Court· 1880-01-11· cited 14×
- Green v. BanksTexas Supreme Court· 1859-07-01· cited 13×
- Stewart v. StateTexas Supreme Court· 1874-07-01· cited 10×
- Hulme v. JanesTexas Supreme Court· 1851-07-01· cited 8×
- Harmon v. BynumTexas Supreme Court· 1874-07-01· cited 8×
- Davis v. ThomasTexas Supreme Court· 1849-12-15· cited 7×
- Hughes v. Maddox's Ex'rsTexas Supreme Court· 1851-07-01· cited 6×
- Wampler v. WalkerTexas Supreme Court· 1866-12-15· cited 5×
- Moore v. Schooner Anna MariaTexas Supreme Court· 1854-07-01· cited 3×
- Hagood v. GrimesTexas Supreme Court· 1859-07-01· cited 1×
Sourced from CourtListener / Free Law Project (CC0).
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