Rhone v. Ellis

Citations

• 30 Tex. 30

Syllabus

<p>The 45th section of the act to regulate proceedings in the district court authorizes the plaintiff to discontinue as to defendants not served; and the 47th section pays: “But only one final judgment shall be given in the suit.” (Paschal’s Dig., Arts. 1448, 1450, Notes 553, 555.)</p> <p>Where B, A, and H were all sued, and B and H acknowledged service, but there was neither citation nor acknowledgment as to A, it was error to render judgment against the defendants without having discontinued as to A; and, B and II having prosecuted error, the judgment was reversed as to all.</p>