#### Frank Vogel, Jr., Plaintiff in Error, v. City of Rock Island, Defendant in Error.

Gen. No. 5,929.

(Not to he reported in full.)

Error to the Circuit Court of Rock Island county; the Hon. Robert W. Olmsted, Judge, presiding. Heard in this court at the April term, 1914.

Dismissed.

Opinion filed May 21, 1914.

Statement of the Case.

Action by Frank Vogel, Jr., against City of Eock Island in which the court below sustained a demurrer to plaintiff’s amended declaration. Plaintiff elected to abide by his amended declaration, and judgment was entered against him for costs. To reverse the judgment, plaintiff prosecutes a writ of error..

*538Abstract of the Decision.

Appeal and eeroe, § 278 * —when judgment entered on sustaining a demurrer not final. A judgment rendered against a plaintiff for costs on sustaining a demurrer to his declaration is not a final judgment which is reviewable on writ of error, where it does not adjudge that plaintiff take nothing by his suit and that defendant go hence without day, etc.

W. M. Chamberlain and Sturtz & Ewan, for plaintiff in error.

J. F. Witter, for defendant in error.

*

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

Per Curiam.