287 S.W. 293 | Tex. App. | 1926
This cause was tried before the court on November 3, 1925, and the court adjourned for the term on December 19th. Judgment was not entered at the November term of court, and on January 22, 1926, the court entered judgment for appellee, who was defendant in the trial court, nunc pro tunc as of date November 3, 1925. From this judgment appellant gave due notice of appeal. On January 8, 1925, some two weeks before the judgment nunc pro tunc was entered, appellant filed his appeal bond. Our courts have uniformly held that an appeal will not lie until the judgment is actually rendered, and that the time for appeal from a judgment entered nunc pro tunc begins from the actual entry thereof. Slayden Co. v. Palmo (Tex.Civ.App.)
The appeal is dismissed for want of jurisdiction.