¶1As there was no final judgment in this case, the writ of error will have to be dismissed. There was a demurrer filed to the first count, which was sustained, and judgment for the defendant for costs. On the common counts an issue was formed, which was not disposed of so far as is shown by this record. AVhile that issue is pending in the court below, this court has no jurisdiction.
¶2The writ of error must be dismissed.
¶3Writ of error dismissed.