People ex rel. Phillips v. Severson

Defendant in error here moves that the "writ of error be dismissed because the judgment of the Circuit Court is not a final judgment. The judgment entry in the record is as follows : “ This cause coming to be heard upon the demurrer to the declaration filed in said cause, after arguments of counsel and due deliberation by the court, said demurrer is sustained, whereupon the plaintiffs elect to stand by their declaration. Therefore it is considered by the court that the defendant do have and recover of the plaintiff his costs and charges in this behalf expended and have execution therefor.”…