336 CASES IN THE SUPREME COURT [27 Ark. Lee V. BlaCk et al. [DECEMBER LEE v. BLACK et al. APPEALS— When no final judgment, etc.—Where the record shows no final judgment or decree, in the court below, the appeal will be dismissed. APPEAL FROM INDEPENDENCE CIRCUIT COURT. HON. ELISHA BAXTER, Circuit Judge. Montgomery & Warwick and Whipple, for Appellant. U. M. Rose, for Appellees. HARRISON, J.—This was an action of trespass, for assault. and battery and false imprisonment, by James Lee against Thomas Black, Jesse Hinkle, George W. Gray, Roland Lan-ders, Rutledge Smith, Joseph Walker,..Bailey Brooks, Nicho-las Mosier,' Elisha Arnold and Hartwell Walker.. ' All the defendants, except ' E i lisha Arnold and Hartwell Walker, appeared and pleaded jointly, the general issue, and also the statute of limitations. The plaintiff filed three replications to the latter plea, to each of 'which a demurrer was sustained, and judgment was
27 Ark.] 10F THE STATE OF ARKANSAS. 337 TERM, 1871.1 rendered thereon against him. The plaintiff then took an interlocutory judgment, •by default, against Elisha Arnold and Hartwell . Walker, with an order for an inquiry of damages at the next term, and at the same term (November term, 1867) appealed to this court. The appeal was prematurel r taken; there was no final judgment to appeal from. Sec. 80, Ch. 133, Gould's Digest, says: "Where there are several defendants •in a suit, and some of them appear and plead, and others make default, the cause may proceed against the others, but only one final judgment shall be given in the action." See Bailey vs. Ralph, 4 Ark., 591; Bevins vs. McElroy, 11 Id., 23. As no appeal will lie to this court except from a final judgment or' decree, the appeal must be dismissed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.