
    Justus Carpenter & another vs. Oscar H. Comfort & another.
    April 14, 1876.
    Appeal. — An order denying a motion to change the place of trial is not appealable.
    Appeal by defendants from an order of the district court for Benton county, McKelvey, J., presiding, denying their motion for change of place of trial.
    
      Fayette Marsh, for appellants.
    
      L. W. Collins and Chas. P>. Kerr, for respondents.
   Gilfillan, C. J.

This is an appeal from an order denying a motion to change the place of trial. Such an order does not involve the merits of the action, or any part thereof, under Gen. St. ch. 86, § 8. If reviewable at all, it must be upon an appeal from tbe judgment, (or perhaps from an ■order denying a new trial,) as an order affecting the judgment.

Appeal dismissed. 
      
       The rule in this case was followed in Benton v. Flynn, decided April 26, 1876. Macdonald 4 Southworth, for appellants; Benton 4 Benton, for respondent.
     