135 S.W. 1068 | Tex. App. | 1911
Appellee, Anderson, brought this suit in the justice court against appellant to recover $75 as damages for breach of contract in building a storehouse in the town of Killeen. Appellant replied by general denial, special plea in bar, and also by way of counterclaim and plea in reconvention for the sum of $113.50. There was a jury trial in the justice court, resulting in a verdict for plaintiff for the sum of $50, and judgment was rendered thereon accordingly in his favor for said amount. Neither the verdict nor the judgment disposed of appellant's plea in reconvention. On appeal to the county court, appellee filed a motion to dismiss the appeal on the ground that it is apparent from the record that no final judgment had been rendered in the justice's court, in that the same had not disposed of defendant's cross-bill and plea in reconvention. The county court sustained this motion and dismissed the appeal, from which judgment this appeal is prosecuted, and the only question for determination is the correctness of its judgment in so doing.
Appellant assigns error on the action of the court in dismissing his appeal, asserting that the judgment of the justice's court was final. By article 1668 of the Revised Statutes, it is provided that any party to a final judgment in a justice court may appeal therefrom to the county court. Hence it follows *1069
that, if the judgment of the justice's court in this case was final, appellant was entitled to appeal therefrom; otherwise not. It is said in Linn v. Arambould,
In Clopton v. Herring, 26 S.W. 1104, the same ruling was made, and the doctrine announced in G., C. S. F. Ry. Co. v. Stephenson, supra, was referred to and expressly approved. In Huggins v. Reynolds,
Affirmed.