#### The People of the State of Illinois, Appellant, v. John L. Witzman et al., Appellees.

Gen. Nos. 5,856, 5,857.

(Not to he reported in full.)

Appeal from the Circuit Court of La Salle county; the Hon. S. C. Stotjgh, Judge, presiding.

Heard in this court at the October term, 1913.

Appeals dismissed.

Opinion filed November 13, 1913.

Statement of the Case.

The two cases above entitled were actions of debt on the official bonds of John L. Witzman as Circuit Clerk of La Salle county covering two terms in said *217office. In each case all breaches assigned in the declaration were dismissed except the second breach, which related to naturalization fees. In each case the defendants demurred to the second breach and the demurrer was sustained. The plaintiff elected to abide by said demurrer and judgment was entered against him for costs. From the judgment, plaintiff appeals.

W. E. Redmon and W. I. Hibbs, for appellant.

Duncan, Doyle & O’Conor, for appellees.

Abstract of the Decision.

1. Appeal and error, § 284 * —what essential to a final judgment. In order for judgments to he final, the order should adjudge “that the plaintiff take nothing by his suit, and that the defendants go hence without day.”

2. Appeal and error, § 267 * —right of Appellate Oourt to decide on merits when judgment appealed from is not final. On appeal from a judgment which is not final, the Appellate Court cannot ignore the defect and decide the merits for, if it should affirm the action of the trial court, the judgment of the Appellate' Court would be treated as void by the Supreme Court.

*

See Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number.

Per Curiam.