Boggess v. Cox

The District Court dismissed the writ of error in this case on the ground that, there was no final judgment rendered in the Circuit Court.

Upon the trial the plaintiffs offered a deed in evidence, and it being excluded by the court, they took a nonsuit, with leave to move to set the same aside; and upon a motion to set the nonsuit aside being overruled they excepted, wherefore the court gave judgment against them for costs, 'and this was the only judgment rendered in this cause.

It is well settled that a judgment for costs only is not a final judgment, and will not support an appeal or writ, of…