#### Fred L. Stevens, Appellant, v. Leon Baltazor, Appellee.

Gen. No. 6,531. (Not to be reported in full.)

Abstract of the Decision.

1. Appeal and ebrob, § 288 * —what is not final judgment. A judgment for defendant for costs in an action at law is not a final judgment and is not appealable.

2. Judgment, § 426*-—when not tar to future action. A judgment for defendant for costs in an action at law is not a bar to a future action by the plaintiff, as the judgment is not a final one.

3. Appeal and ebbob, § 1140*—when case dismissed with leave to ufithdraw record. Where a judgment is not appealable, appeal should be dismissed with leave to appellant to withdraw record, abstract and brief and to appellee to withdraw brief.

Appeal from the City Court of Aurora; the Hon. Edward M. Mangan, Judge, presiding.

Heard in this court at the October term, 1917.

Dismissed.

Opinion filed February 12, 1918.

Statement of the Case.

Action by Fred L. Stevens, plaintiff, against Leon Baltazor, defendant. From a verdict for defendant and judgment that he recover costs and have execution therefor, plaintiff appeals.

Fred B. Shearer, for appellant.

Mighell, G-unsul '& Allen, for appellee.

*

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

Mr. Justice Dibell

delivered the opinion of the court.