Masterson v. Williams

• Decision Date: 16 April 1889
• Citation: 11 S.W. 531
• Parties: MASTERSON <I>et al.</I> <I>v.</I> WILLIAMS <I>et al.</I>
• Court: Texas Supreme Court

11 S.W. 531

MASTERSON et al.

v. WILLIAMS et al.

Supreme Court of Texas.

April 16, 1889.

Commissioners' decision. Appeal from district court, San Saba county.

Burleson & Harris, for appellants.

ACKER, J.

Appellants, James Masterson and B. A. Sheperd, brought this suit against Wiley Williams, J. F. Dougherty, and A. Low, in trespass to try title to 640 acres of land described in the petition. The defendants filed a joint answer, consisting of general demurrer and plea of not guilty. Defendant Dougherty further pleaded in a separate answer the three and five years' statutes of limitation as to the south half of the survey, and valuable improvements made in good faith thereon to the amount of $1,736. No jury having been demanded, the trial was by the court, and judgment rendered "that the plaintiffs, James Masterson and B. A. Sheperd, do have and recover of and from the defendants James F. Dougherty and Wiley Williams the land sued for in this cause," and further judgment in favor of defendant Dougherty for $370, value of improvements, and in favor of defendant Williams for $50, value of improvements. The judgment does not mention defendant Low, and there was no disposition of the case as to him.

The question suggests itself whether this is such a judgment as will support an appeal. There can be but one final judgment in any case, and it is from a final judgment only that an appeal can be taken. To constitute a final judgment it must dispose of the case as to all of the parties, and finally dispose of the subject-matter of litigation. Scott v. Burton, 6 Tex. 322; Railroad Co. v. Smith Co., 58 Tex. 76; Whitaker v. Gee, 61 Tex. 218. Without a final judgment this court has no jurisdiction, and cannot entertain the appeal. Authorities, supra, and Linn v. Arambould, 55 Tex. 625. Because there is no final judgment, we are of opinion that the appeal should be dismissed at appellants' cost, and that the case stand for trial in the court below as if no trial had been had, and no judgment rendered therein. 55 Tex. 625.

STAYTON, C. J.

Report of commission of appeals examined, their opinion adopted, and appeal dismissed.