Clay v. Marmar

HODGES, J.

The appellee instituted this suit against the appellant to recover a diamond stud or its value. It is alleged that ap-pellee had a lien on the diamond, and that it had been converted by the appellant. Appellant answered-by a general denial, and also pleaded in reconvention that appellee had •in his. possession personal property, to which she was entitled, aggregating $850, and asked a judgment for the same or its value.

The jury returned a general verdict for the plaintiff in the suit, but the court entered a judgment only on the plaintiff’s claim for relief, as set forth in his original petition. No disposition was made of the plea in re-convention filed by the appellant. In that state of the record, this court is without jurisdiction; no final judgment baying been rendered from which an appeal can be prose, cuted. In order to make the judgment final, the plea in reconvention should have been disposed of. T. & P. Ry. Co. v. Ft. Worth Street Ry. Co., 75 Tex. 83, 12 S. W. 977; Carothers v. Holloman, 33 Tex. Civ. App. 131, 75 S. W. 1084.

The appeal is dismissed.