
    SOUTHWESTERN TRACTION CO. v. MELTON.
    (No. 5320.)
    (Court of Civil Appeals of Texas. Austin.
    March 25, 1914.)
    Appeal and Eeeoe (§ 635*)— Judgment — Failure of Transcript to Contain Judgment.
    Under Rev. St. 1911, art. 2078, authorizing appeals from final judgments, an appeal must be dismissed, where the transcript contains no judgment entered on the verdict, because of want of jurisdiction of the appeal.
    [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 2285, 2776-2782, 2829; Dec. Dig. § 635.*]
    Appeal from Bell County Court; W. S. Shipp, Judge.
    Action by W. I. Melton against the Southwestern Traction Company. There was verdict for plaintiff, and defendant appeals.
    Dismissed.
    G. M. Felts, of Belton, for appellant. Durrett & Dyess and Edmund Heinsohn, all of Temple, for appellee.
   JENKINS, J.

This suit was brought by appellee against appellant to recover damages on account of the alleged negligent killing by appellant of a horse belonging to ap-pellee. Notwithstanding it appears from the briefs of the parties and from the record that there was a jury trial resulting in a verdict in behalf of appellee, still the transcript contains no judgment entered thereon, for which reason we have no jurisdiction of the attempted appeal. See article 2078, K. S. 1911.

It therefore becomes our duty to dismiss the appeal, and it is accordingly so ordered. Appeal dismissed.  