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: 241
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1875.] SIMPSON v. BENNETT. 241
Opinion of the Court.
and the oath averred to have been made by defendant is not
the oath which the statute authorized the officer to administer.
It is not in form or substance the oath prescribed by the statute,
and the indictment is therefore insufficient.
(1 Paschal's Digest, Articles 1909, 1911; 2 Bishop's Cr. Law,
982 (862); Whart. Am. Cr. Law, 2253-4; Ashburn v. The
State, 15 Ga., 246.)
There was no error in quashing the indictment, and the judgment
JOHN R. SIMPSON et al. v. JOHN H. BENNETT et al.
1. FINAL JUDGMENT-APPEAL. A judgment is not final from which an
appeal can be taken unless the whole of the matter in controversy as to
all of the parties be disposed of.
APPEAL from Houston. Tried below before Hon. A. T.
Watts, Special Judge.
NT'unn & Williams and A. X. Jackson for appellants.
J. Z. Mlaxey for appellees.
GOULD, J. The record shows no final disposition of this
case as to any of the defendants except Joseph and Lucinda
Brown. In fact it affirmatively appears that there was a mistrial
as to the other defendants and that the cause was continued
as to them. It is clear that there is no final judgment. Martin
v. Crow (28 Texas, 614) is directly in point. The court
say in that case: " When the whole of the matter in controversy
is finally disposed of, as to all the parties, then there is a
final judgment and not before, from which an appeal or suit of
error can be taken." See also Freeman on Judgments, Sections
28 and 34, and cases there cited.
The case is dismissed for want of jurisdiction.
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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/m1/249/: accessed July 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .