Preston v. Missouri & Pennsylvania Lead Co.

48 Mo. 541 | Mo. | 1871

Wasner, Judge,

delivered the opinion of the court.

The record in this case shows no final judgment in the court, below. The plaintiff, under certain rulings of-the court, took a nonsuit with leave to move to set the same aside, and the only entry of judgment is : “Therefore it is considered by the court that the said defendant have and recover of - the said plaintiff its costs in this behalf expended, .-and that- execution issue therefor.” This is .simply a judgment for-costs,- and: w-ill-.not -support an appeal or writ of.error. (Bogges v. Cox, ante, 278.)

Lét-the writ he dismissed.

The other judges concur.-