
    CHARLESTON
    Epstein v. Totten.
    Submitted February 11, 1908.
    Decided February 18, 1908.
    1. Wbit op Error — Final Judgment — Jurisdiction.
    There is no jurisdiction for a writ of error when there is a verdict for defendants and only a judgment for their costs, (p. 603.) „
    Error to Circuit Court, Wyoming County.
    Action by the state, for the use of- Jacob Epstein, against H. P. Totten and others. Verdict for defendants, and plaintiff brings error.
    
      Dismissed.
    
    T. L. Henritze, for plaintiff in error.
    Cook & Howard and Ritz & Litz, for. defendants in error.
   Beannon, Judge:

This was an action of debt in the name of the State for the úse of Jacob Epstein against H. P. Totten and others, sureties in a sheriff’s bond. The case was tried by a jury, which rendered a verdict for the defendants. The judgment was only that the defendants recover of Epstein their costs. There was no judgment of nil capiat, that is, that the plaintiff take nothing b£ her suit. Eor want of a final judgment on the merits there is no jurisdiction for this writ of error, and therefore we dismiss it. Hannah v. Bank, 53 W. va. 82; Ritchie Bank v. Bee, 60 Id. 386; De Armit v. Town of Whitmer, decided 14th January, 1908.

Bismissed.  