Rasco v. Houston & T. C. Ry. Co. , 261 S.W. 449 ( 1924 )

BARCUS, J.

This suit originated in the justice court, having been filed by appellant against appellee for $200, the alleged value of a horse that had been killed in a cattle guard. The appellee in the justice court interpleaded the Trinity & Brazos Valley Railway Company, and judgment was rendered in the justice court for appellant against the appellee- and the Trinity & Brazos Valley Railway Company jointly. Ap-pellee appealed to th'e county court. In the county court on January 17, 1923, appellant filed his amended petition, seeking damages against appellee and the Trinity & Brazos Valley Railway Company for $200, with 6 per cent, interest from August 19, 1921. The county court sustained a general demurrer filed by appellee and dismissed the suit as against appellee. The judgment of the trial court does not in any way dispose of the defendant Trinity & Brazos Valley Railway Company, and by reason thereof there is no such final judgment as will support an appeal to this court. Ingraham v. Rudolph, 55 Tex. Civ. App. 609, 119 S. W. 906; Cook v. Baldwin (Tex. Civ. App.) 136 S. W. 1154; T. & P. Ry. Co. v. Street Railway Co., 75 Tex. 82, 12 S. W. 977. The Trinity & Brazos Valley Railway Company having been, a party in the justice court, the appeal to the county court by one party carried the entire case and all parties in the justice court were parties in the county court and must be disposed of. M., K. & T. Ry. Co. v. Mosty, 8 Tex. Civ. App. 330, 27 S. W. 1057; Ayers v. Smith (Tex. Civ. App.) 28 S. W. 835; Lasater v. Streetman (Tex. Civ. App.) 154 S. W. 657.

The cause having originated in the justice court and appellee having sued for $200 damages and 6 per cent, interest for 16 months, the county court was without jurisdiction, and this court is without jurisdiction of the amount involved. Davis v. Hagan (Tex. Civ. App.) 255 S. W. 484.

There being no final judgment, hnd neither the county court nor this court having jurisdiction of the subject-matter, the appeal is dismissed.