Gates v. Hayner

Citations

• 22 Fla. 325

Syllabus

<p>1. An appeal does not lie in a common law action, except from a final judgment properly entered.</p> <p>2. A final judgment disposes of the action, and not merely of points raised in it.</p> <p>S. An entry upon a demurrer to a declaration of “demurrer sustained” does not dispose of the action, and is not a final judgment.</p> <p>4. A bill of exceptions is not necessary to the review of errors apparent upon the record.</p> <p>5. Where the transcript on appeal in a common law case does not show an entry of a final judgment in the action, the appeal will he dismissed by the appellate court of its own motion.</p>