Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 107
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1875.] RENN V SAMOS. 107
Opinion o-f the court.
plaintiffs and defendants, and may, therefore, very properly
be entitled and treated, in one sense, as part and portion
of said suit, yet they are sufficiently independent and
separate from it to warrant either of the parties whose
rights and interests are affected by the ruling of the District
Court to bring the same to this court for review.
The appellate jurisdiction of this court is not limited to
the final judgments of the District Court, in actions or
suits, in the technical meaning of these terms. It extends
to its final judgment in " all manner of pleas, plaints, motions,
causes, and controversies," in and by which the
rights of person and property of the parties to them may
and have been finally determined. (Const., Art. V, sec, 3;
act May 12, 1846, sec. 3; Pas. Dig., art. 1562.)
And whatever may be the character of the proceeding
in the District Court, it is only the parties to it and their
privies who can invoke the appellate jurisdiction of this
court for its review and correction. It therefore follows
that the defendants to the original suit are neither necessary
or proper parties to the appeals exhibited in the transcript.
It appears, however, while all the matters contained in the
transcript are, as we have said, connected with and grew out
of the proceedings had in the suit, and therefore it is of no
consequence that they were entitled, numbered, and filed
with the papers of the original suit, and treated by the court
as a part thereof, yet, as to the matters involved in them,
they are distinct and independent proceedings, without any
connection whatever, except that they are both incident to
the suit, and the plaintiffs are parties to both of them.
Separate notice of appeal was given, appeal bonds executed,
and errors assigned to the action had in each of the
matters presented in the transcript. But the transcript
has been docketed, and submitted to us as if it was the
record of a case between the original plaintiffs and defendants,
and the different matters and rights of the parties
interested therein, to whom the transcript shows separate
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/115/: accessed September 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .