Heilbrunn v. Ellsworth

Mr. Presiding Justice Philbrick delivered the opinion of the court. 2. Appeal and error, § 267*—jurisdiction on appeal from interlocutory judgments. On appeal from an interlocutory judgment, such as a judgment for costs alone, the reviewing court obtains no jurisdiction by reason of the appeal, and the question that no final judgment was rendered is jurisdictional with the court, though the parties submitted the cause as though a final judgment had been rendered.