Preston v. Missouri & Pennsylvania Lead Co.

48 Mo. 541

Opinion

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.-