FACTS: The plaintiffs filed a suit seeking partition of certain described property. The Court of First Instance rendered a judgment declaring the plaintiffs’ right to partition and ordering the partition of the property and its income. The defendant excepted to this order and presented a bill of exceptions. The plaintiffs moved for dismissal of the bill of exceptions, arguing that the judgment appealed from was interlocutory and not final, as partition proceedings would still require commissioners and further judicial action to conclude the case.

ISSUE: Is the judgment of the Court of First Instance, which declares the right to partition and orders such partition, a final judgment that can be appealed by a bill of exceptions?

RULING: No, the judgment is interlocutory and not a final judgment that can be appealed by a bill of exceptions. Section 123 of the Code of Civil Procedure states that no interlocutory or incidental ruling, order, or judgment shall stay the progress of an action, and no ruling, order, or judgment shall be subject to appeal until a final judgment is rendered. In partition cases, the initial declaration of a party’s right to partition and the order for partition are merely preparatory steps. The final judgment is rendered after commissioners have made a report on the partition (whether by division in kind or by sale) and after the court has confirmed or acted upon that report. Since further proceedings are necessary to effect the actual partition and conclude the case, the order appealed from is interlocutory. Therefore, the bill of exceptions is dismissed.