
    Fitzroy Willard & others vs. Henry D. Stone.
    No appeal lies to this court from the decision of the court of common pleas upon a demurrer to a plea in abatement.
    Action of contract. Plea in abatement, and demurrer thereto, which was sustained by the court of common pleas, and the defendant appealed.
    
      G. F. Verry, for the defendant.
    
      G. F. Hoar, for the plaintiffs.
   The Court,

on the ground that no appeal lay from a judgment of the court of common pleas upon a plea in abatement, (St. 1840, c. 87, §§ 4, 5; Bartol v. Stanwood, 7 Cush. 116,) dismissed the appeal, and remitted the case to the superior court for further proceedings.  