
    CITY OF PLATTSBURG, Plaintiff in Error, v. FRANCIS R. ALLEN et al., Defendants in Error.
    Kansas City Court of Appeals,
    April 30, 1900.
    Errors and Appeals: FINAL JUDGMENT: DEMURRER. An appeal or writ of error lies only from a final judgment, and neither will lie from a judgment overruling or sustaining a demurrer.
    Error to the Clinton Circuit Court.—Hon. A. D. Burnes, Judge.
    Writ dismissed.
    
      H. T. Herndon for plaintiff in error.
    Eiled brief and argument on merits.
    
      W. S. Herndon for defendants in error.
    Eiled brief and argument on merits.
   SMITH, P. J.

The record in this case nowhere discloses, nor is it anywhere stated by counsel in their briefs, that there was a final judgment given on the demurrer. All that the record shows is that the defendant filed a demurrer to the plaintiff’s petition which was by the court sustained, arid to which ruling plaintiff excepted. As said in Kautsch v. Droste, 82 Mo. App. 412, a judgment on a demurrer to be final should be to the effect that: “Therefore it is considered by the court that the plaintiff take nothing by his writ, etc., and that the defendant go thereof without day,” etc. Palmer v. Crane, 8 Mo. 620.

An appeal or writ of error lies only from a final judgment. R. S. 1889, sec. 2246; Holloway v. Holloway, 97 Mo. 639; Mills v. McDaniels, 59 Mo. App. 331. Nor will either lie from a judgment overruling or sustaining a demurrer. Spears v. Bond, 79 Mo. 467; Berry v. Zimmerman, 43 Mo. 215; Robinson v. County Court, 32 Mo. 428. A writ of error to be effective must operate on a final judgment.

As the judgment on the demurrer was not a final judgment, the writ was, for that reason, ineffective. It results that we are without jurisdiction of the cause. The writ will accordingly be dismissed.

Ellison, J., concurs; Gill, J., not sitting.  