Wampler v. Walker

Citations

• 28 Tex. 598

Syllabus

<p>There being no judgment in the court below in favor of two of the defendants, and a new trial having been granted to the remaining defendants, on whom alone there was valid service of the writ of error, it is held, that there being no final judgment, this court has acquired no jurisdiction by the writ of error sued out by the plaintiff below. (Paschal’s Dig., Art. 1476, Note 572.)</p> <p>A statement of facts which does not appear to have been approved by the judge of the court below will not be noticed in this court. (Paschal’s Dig., Art. 1490, Note 582.)</p> <p>On one of the defendants in error the writ of error had not been served at all, and only on the attorney of another defendant, without a showing that his principal could not be found: Held, that the service was incomplete. (Paschal’s Dig., Art. 1495, Note 587.)</p>