
    No. 1971.
    Smith v. Thomason.
    November Term, 1886.
    December 15, 1886.
   The master excluded the testimony of defendant as incompetent. On exceptions to this report, Judge Kershaw ruled that defendant was a competent witness as to certain matters, and therefore recommitted the report, without passing upon any of the other questions involved. From this order the plaintiff appealed. This court held that the appeal was premature, and passed an order dismissing the appeal without prejudice,  