“ The district court sustained the demurrer, and its decision was affirmed by the supreme court of the state. And this writ of error is brought.
The record fails to disclose a final judgment. The supreme court affirmed the judgment of the lower court, but this merely sustained the demurrer without dismissing the suit. The supreme court did not direct its dismissal, but the cause was left standing in the court below for such proceedings as might be had according to law after the decision on the demurrer, either by amendment of the petition or entry of final judgment. ”