Smarr v. McMaster
34 Mo. 204
Mo.
1863
Check Treatment
Bates, Judge,

delivered the opinion of the court.

The record in this cause shows that in the lower court a verdict was found for the defendant, and a judgment rendered *205against the plaintiff for costs, “ but no final determination of the right of the parties in the action.” From all that appears here, the cause is still pending in the lower court. The appeal is dismissed.

Judges Bay and Dryden concur.