
    McDaniel v. Plumbe.
    A bill of discovery is subject to equity jurisdiction only, and cannot comer up for eoriuction of error at law.
    Error to Dubuque District Court.
    
    
      T. S.Wilson and P. Smith, for plaintiff in error.
    
      T Davis and F. E. Dissdl, for defendant.
   Opinion by

Greene, J.

Assumpsit on a promisory note. Plea, non-assumpsit, and want of consideration. Judgment for the plaintiff

So far as the record discloses the proceedings at law we can see no error in them. Put it is alleged that a bill of discovery was fled by the defendant to enable him to secure evidence in support of his plea of no consideration; that, the court dismissed this bill and thereby committed error. A bill of discovery could only be entertained on the chancery side of the court; consequently, a decision upon the bill could bo adjusted by appeal to this conrt, but could not bo brought by writ of error and corrected as a proceeding at law. Constitution, Art. (3. § 3; McPoland v. Fitzpatrick, 1 G. Greene, 543.

As no error is affirmatively shown by the record in this case, the judgment below must be affirmed.

Judgment affirmed.  