State of Ohio Ex Rel. v. Comstock, Et Vir

This writ of error is to review an order in the court below which reads as follows: “It is therefore, Considered, Ordered and Adjudged That the defendants’ supplemental motion for an order dismissing this cause be and the same is hereby granted, and that this cause be and the same is hereby dismissed, at the cost of the plaintiff.”

This order does not constitute a final judgment. The entry of the order does not make a final disposition of the case but is no more than an order upon which a formal final judgment that the plaintiff take nothing by his declaration and that the defendant recover…