
    PHILP & SOLOMON vs. GARDNER & ANGUS.
    An appeal does not lie to the general term from an order made at the circuit, setting aside a verdict for plaintiffs and granting a new trial.
    STATEMENT OE THE CASE.
    The jury having returned a verdict for plaintiffs, the defendant Angus filed his motion for a new trial on the grounds that the verdict was contrary to the law of the case, and also contrary to the evidence given on the trial. The motion was sustained by the court below and a new trial ordered. From this decision the plaintiffs have brought the present appeal.
    
      A. G. Riddle for plaintiff.
    w. F. Mattingly for defendant Angus.
   By the Court:

Without hearing the argument on the merits of this appeal, we are of opinion that it must be dismissed for the reason that an order setting aside a verdict in favor of the plaintiff, and granting a new trial, cannot be reviewed here on appeal. The motion for a new trial is addressed to the sound discretions of the justice before whom the trial was had. This is according to the common-law practice, and the act of Congress organizing this court has not changed the rule, except a case or bill of exceptions shall be settled in the usual manner. Brightly’s Dig., 177, sec. 8.

The appeal must, therefore, be dismissed and the case remanded to the circuit.  