Opinion
No. 52.
November 20, 1925.
Appeal from District Court, Callahan County; W. R. Ely, Judge.
Suit by Scott W. Gilbert against C. M. Reynolds and others. Judgment for plaintiff, and defendant named appeals. Appeal dismissed.
Grisham Bros., of Eastland, for appellant,
B. L. Russell, of Baird, and Scarborough Wilson, of Abilene, for appellee.
This is a suit instituted by Scott W. Gilbert, appellee, against J. H. Reynolds, W. H. Reynolds, and C. M. Reynolds, appellants, to recover upon a promissory note in the sum of $3,280.50, alleged to be executed by the three defendants, J. H. Reynolds, W. H. Reynolds, and C. M. Reynolds.
The record shows that a judgment was rendered against J. H. Reynolds and C. M. Reynolds, but fails to show that disposition of the case was made as to the defendant W. H. Reynolds, and therefore fails to show that there was a final judgment in the case. Kolp v. Weil Bros. (Tex.Civ.App.) 173 S.W. 1006; Willis v. Keator (Tex.Civ.App.) 181 S.W. 556; G., C. S. F. Ry. Co. v. Atlantic Fruit Dist. (Tex.Civ.App.) 184 S.W. 294; Williams v. Bell, 53 Tex. Civ. App. 474, 116 S.W. 837; Railway Co. v. Scott, 78 Tex. 360, 14 S.W. 791; Railway Co. v. Smith Co., 58 Tex. 76.
There being no final judgment shown by the record, this court is without jurisdiction, and the appeal is therefore dismissed.