Devine v. Chicago City Railway Co.

We are asked by the defendant in error to dismiss this writ upon the ground that the bill of exceptions does not show an appealable final judgment, but a judgment for costs only. A proper final judgment does appear in the record. It is said, however, that the judgment as it appears in the bill of exceptions must prevail, and a number of decisions are cited which support this contention. There is apparently a lack of harmony in the decisions of our courts as to the rule on this point, but we are inclined to think that the greater weight of reason and precedent favors the rule which is…