147 S.W. 365 | Tex. App. | 1912
According to the record here, the court sustained the defendants' demurrer to the plaintiffs' petition and certain exceptions to the intervener's petition, and to this ruling the plaintiffs and the intervener each excepted and gave notice of appeal. The plaintiffs alone perfected the appeal. As the entry relied on as a judgment merely declares the ruling of the court upon the demurrer and the exceptions respectively, and does not undertake to dispose of the parties or dismiss the cause, there is presented the question of the sufficiency of the order as entered to constitute it a final judgment from which an appeal may be prosecuted. A ruling sustaining a demurrer or exceptions decides nothing but the sufficiency of the pleadings. The parties, after such ruling, have the right remaining to them to elect to amend and prevent the immediate further order of nonsuit or dismissal. Thus a ruling on the sufficiency of the pleading merely leaves the case in suspense, depending upon such other order as the court might make. So, if the court makes no other order than merely to sustain a demurrer or exceptions, as is the situation here, it is plain that such order would operate merely to record the ruling of the court on the sufficiency of the pleading and be simply an interlocutory order, because it does not make a final disposition of the cause. In the case of Land Loan Co. v. Winter,
