Riddle v. Bearden

Citations

• 80 S.W. 1061
• 36 Tex. Civ. App. 97
• 1904 Tex. App. LEXIS 168

Syllabus

<p>1. —Judgment—Finality—Cross-Action.</p> <p>Where plaintiff sued for damages for malicious prosecution and the defendant by cross-action asked for damages for an alleged libel that formed the' basis of the criminal prosecution, a judgment rendered in plaintiff’s favor without disposing of the cross-action was not a final judgment from which an appeal could be taken.</p> <p>2. —Same.</p> <p>The question of whether defendant’s counterclaim was properly pleaded in the suit is not determined here. It was pleaded by him, and until the issue thus raised is in some way disposed of the judgment in the case is not final.</p>