
    Eichelberger against Nicholson.
    In Error.
    ERROR to the Common Pleas of York county.
    A writ of error does not lie upon an order made by the court below, to discharge a juror.
    
      Hopkins for the defendant in error,
    moved to quash the writ of error, because no judgment was rendered by the court below.
    
      Bowie contra,
    alleged as the ground of the writ, that the court below ordered a juror to be discharged, because the plaintiff had not evidence to prove a writing; the subscribing witnesses not being produced. He stated that great inconvenience would ensue, if a writ of error did not lie; and cited Addison’s Rep, 119. 1 Hen. and Munf. 374. 4 Cranch. 237. 2 Binn. 91. 12 Vin. 262, 3, 4. 2 Inst. 427.
    
    Bowif? and Duncan for'the plaintiff in error.
    
      
      Hopkins and Cassatt contra.
   .The Court

having intimated the strong inclination of their mind, that the writ of error did not lie, because final judgment had not been given, Mr. Duncan requested time to search for precedents. In the afternoon, Mr. Duncan admitted the law to be, that a writ of error did not lie until final judgment, or an order in the nature of final judgment. Whereupon the court ordered the writ of error to be quashed.

Writ of error quashed.  