Scott v. Burton

IIbmphill, Ch. J.

This suit was brought on a promissory note. The jury found for the defendant, and judgment was entered that he should recover his costs in that behalf expended. The cause has been argued, and au opinion on the points discussed was in course of preparation when it was discovered that no final judgment had been entered.

That the defendant should recover his costs is not a judgment which determines the matter in controversy for the defendant. The jury had found in his favor, or, in other words, that the plaintiff was not entitled in law to a recovery, and the judgment following…