Whitaker v. Gee

Stayton, Associate Justice. —

It appears from the record that-Alfred Whitaker was a party defendant duly served, but it does not appear in any way that as to him the cause was dismissed.

The judgment, however, makes no disposition of the case as to him, but was rendered in favor of his co-defendants against the plaintiff. This is not such a final judgment as this court can revise, and for this reason the writ of error will have to be dismissed.

We deem it, however, proper to say that, were the judgment a final judgment, we could not revise the rulings of the court below in rejecting evidence or…