140 S.W. 513 | Tex. App. | 1911
The appellee, S. P. Dawson, moves in this court to dismiss the appeal, because the proceedings below do not constitute a final judgment. The appellee's attorney has filed no brief or authorities in support of his motion, relying, we infer, upon this court to investigate the matter for him. Where counsel are so indifferent or careless as not to present authorities in support of the relief which they seek, they should not feel chagrined if the court adopt a view contrary to their wishes. In this instance, however, we are not able to do this, as we do not believe the order of court refusing appellant's motion, which is appealed from, is a final judgment. It is probably true that the district court had power to control the execution in this proceeding. It has been decided (see Wright v. Wright,
It seems apparent from this that the district court might, and probably should, have quashed this execution and terminated the alimony as of the date of the dismissal of the suit; but it will be understood that we *514 do not so hold, because we do hold that we have no right to review the judge's orders in this proceeding. Article 1383 of our statutes (Rev.St. 1895) provides that appeals may be taken only from final judgments. Article 1337 provides that only one final judgment can be rendered in any case. The Supreme Court has held, in Ex parte Davis, supra, that a decree for alimony is an interlocutory judgment. It follows, a decree for alimony being an interlocutory judgment, that an order on a motion to set it aside, or to quash the means of securing it, is also interlocutory. In addition to this, there can be but one final judgment. In this case the final judgment was the judgment of dismissal, and not the subsequent invalid proceedings with reference to alimony.
This appeal is therefore dismissed.