Higgins v. Fields

(dissenting.) In the last paragraph of the opinion of the court a final judgment is ordered. The writer thinks that the record does not justify the entry of a judgment which will be a bar to further litigation upon the questions of the possessory rights to the property in suit and the damages sustained by the wrongful taking and detention.

“When a decision has been made sustaining or overruling a demurrer, unless the party against whom the decision is made be allowed to amend or plead over, judgment shall be given for the plaintiff or defendant, as the ease may be, for such amount, or relief,…