Wiggins v. Union Trust Co.

Mr. Presiding Justice Barry

delivered the opinion of the court.

The trial court entered a judgment sustaining a demurrer to the declaration and adjudging that plaintiff in error pay the costs for which an execution should issue. A writ of error was sued out and defendant in error moved for a dismissal of the writ on the ground that there was no final judgment. Plaintiff in error then procured a nunc pro tunc order purporting to amend the judgment by making it a judgment in bar of the action and for costs. Defendant in error insists that the court was without jurisdiction to make the alleged…