
    SEELY v. BLAIR.
    Appeal — nonsuit—motion' to quash.
    An appeal lies from the Court of Common Pleas by the plaintiff, after a non-suit ordered by the court.
    Appeal from the Common Pleas by the plaintiff.
    
      J. H. Paine and G. Tod moved to quash the appeal,
    because it appeared by the record that the plaintiff became non suit in the Common Pleas: (2 O. 87; 4 O. 200.)
    
      P. Hitchcock contra.
   BY THE COURT.

It appears by the record that the plaintiff became non suit by order of the Court of Common Pleas, not of his own mere motion. In such cases, the law especially provides that an appeal may he taken: (29 O. L. 75; 2 O. 87.)

Motion denied.  