Texas Supreme Court December 15, 1849 (Morgan v. Johnson)

Hemphill, Ch. J.

This suit was brought before a justice of the pence on an open account, and the plaintiff failing to appear on ihe day of trial, judgment of nonsuit or dismissal was entered against him for want of prosecution. An appeal was taken to the District Court, and this being dismissed for want of jurisdiction, the causo has been brought to this court for revision.