Alberta G. Myers Et Al. v. Earl Smitherman Et Al‪.‬

Upon further consideration of the question of this Courts jurisdiction in the light of the authorities cited in appellees brief, we have concluded that the judgment from which the appeal is attempted is not a final judgment. There is a conflict of authority upon the point, but we regard the Supreme Courts action in refusing a writ of error in the case of Gallaher v. City Transportation Co. of Dallas, Tex.Civ.App., 262 S.W.2d 807, as definitely settling the matter in accordance with appellees contention.