Morris v. Dunbar

LANNING, District Judge.

The record submitted to us in this cause shows that the defendant filed a general demurrer to the plaintiff’s statement, or declaration. After argument of the demurrer, as appears by the opinion brought up with the record, the court concluded that the demurrer should be sustained, and added that “the plaintiff will have leave to discontinue on payment of costs.” A writ of error operates only on a record in which a final judgment has been entered, and the only final judgment that could have been entered against the plaintiff on this demurrer was a judgment nil capiat,…