
    [Lancaster,
    May 12, 1828.]
    VIRTUE against PATTERSON.
    APPEAL.
    No appeal lies from tlie order of the Circuit Court directing a procedendo,
    Appeal by the defendant from the order of the Circuit' Court, directing a procedendo in this' cause, which had been removed from the District Court of Dauphin county to the Circuit Court of that county.
    
      M‘Clure moved to quash the appeal,
    inasmuch as no appeal lies from the order of the Circuit Court quashing a writ of removal or directing a procedendo. This case is not within the enumerated eases of the act of 1799, fourth section.
    
      Elder, contra.
    
    The motion was to set aside a judgment, and so was within the words of the act. ■
    
      M‘Clure, in reply,
    was stopped by the court.
   Pee Curiam.

An appeal from the judgment or order of a Circuit Court, lies only in cases specified in the act of the 20th of March, 1799. These are, demurrer; special verdict; case stated; point reserved; motion in arrest of judgment, or for new trial; or to set aside a judgment, discontinuance, or non pros.” It is clear, then, this appeal cannot be sustained. And it is equally clear that the judgment of the Circuit Court was right, the cause of action palpably appearing to be below the limit of the court’s jurisdiction.

Appeal quashed.  