
    CHARLESTON.
    Damron v. Ferguson.
    
      (Green, Judge, absent.)
    Submitted January 10, 1889.
    Decided January 29, 1889.
    1. WRIT OF ERROR.
    An order overruling a motion to set aside a verdict of a jury and refusing to grant a new trial-is not such an order or judgment as will authorize a writ of error to this Court.
    2. Writ of Error — Final Judgment.
    In order to authorize a writ of error there must be a final judg. ment on the verdict.
    
      Z. T. Vinson for plaintiff in error.
    
      H. K. Shumate for defendant in error.
    
      
      On account of illness.
    
   English, Judge :

This was a writ of error allowed from an order of the Circuit Court of Wayne county entered oil the 6th day of June, 1885, overruling a motion then made by the plaintiff to set aside the verdict of the jury therein renden d and award him a new trial. An examination of the record discloses the fact, that no judgment was ever rendered by said Circuit Court upon said verdict, and, there being no final judgment in the cause and no order, from which a writ of error would lie to this Court, the writ of error awarded to the plaintiff must be dismissed as having been prematurely allowed, with costs against the plaintiff in error.

Dismissed.  