Cook v. Knickerbocker

Suit for partition. Order that partition be made — commissioner appointed to make it — and the cause continued to a subsequent term for the reception of the report of the commissioner. Exception taken, and appeal to this Court. The bill of exceptions states that it con*231tains the substance of the testimony. No motion for a new trial.

T. N. Sims, for the appellants.

This appeal must be dismissed because the order for partition and the appointment of a commissioner do not constitute the final judgment in the cause. They are like the interlocutory judgment upon a demurrer or default, where the…