
    COURT OF APPEALS.
    Abraham Wagener, ex’r of John Supplee, Respondent, agt. Gilbert R. Reiley and others, Appellants.
    An order of the Supreme Court reversing a final decree of a surrogate in a proceeding for an account, and directing the proceedings to be remitted to the surrogate -with instructions, &c. is an appealable order to this court.
    
      September Term, 1849.
    
    The surrogate made a final decree in a proceeding for an account. On appeal, the Supreme Court, at general term, reversed the decree, and directed the proceedings to be remitted to the surrogate, with instructions to proceed and settle the accounts of the executor upon certain specified principles. Prom the decree of the Supreme Court, Beiley and others appealed to this court.
    S. H. Welles, for the respondent, moved to dismiss the appeal, on the ground that the decree of the Supreme Court was not final, (Code, § 11, 245,) bcause an account was to be taken before the surrogate.
    H. F. Comstock, for appellants.
    
   The Court held that it was a case for an appeal, and denied the motion.  