De La Moriniere v. Sam

O’QUINN, J. Plaintiffs in error brought this suit against defendant in error in the county court at law of Harris county, Tex., to recover for rents alleged to have been collected by defendant in error on property claimed by plaintiffs in error and for special damages alleged to have been caused by defendant in error interfering with tenants occupying said property. .Defendant in error answered by general demurrer and general denial. The court sustained the general demurrer, and, plaintiffs in error refusing to plead further, the ease was dismissed. This writ was prosecuted from this action of the court. Plaintiffs in error present four assignments of error, all pointing to the action of the court in sustaining defendant in error’s general demurrer and dismissing .the case. These assignments raise no question that can be considered by this court, because there is no order or judgment of the court shown in the record either sustaining the general demurrer or dismissing the ease. There is in the record, under the heading “judgment of dismissal,” a transcript of the docket entries of the trial court’s docket to that effect, but alleged error in the ruling of the trial court will not be considered on appeal where the record contains nothing to show that such ruling was in fact made other than a transcript of the notes on the judge’s trial docket. They constitute no part of the record on appeal and cannot properly be considered as such. Swearingen v. Wilson, 2 Tex. Civ. App. 157, 21 S. W. 74; Massie v. State Nat. Bank, 11 Tex. Civ. App. 280, 32 S. W. 797; Stark v. Miller, 63 Tex. 164; Cow Bayou Canal Co. v. Orange County (Tex. Civ. App.) 158 S. W. 173; Noblett v. Olive (Tex. Civ. App.) 259 S. W. 305; Williams v. Trinity Gravel Co. (Tex. Civ. App.) 297 S. W. 878. No final judgment of the trial court being shown, the appeal should be dismissed, and it is so ordered. Dismissed.