
    Henry L. Holbrook, Administrator of Bernard Connelly, v. Edward Connelly.
    Motion for leave to file a petition in error.
    The plaintiff sued the defendant in the common pleas of Fairfield county. The defendant demurred to the petition. The court overruled the demurrer, and the defendant, by leave, answered. The plaintiff demurred to the answer; which demurrer was sustained, and an amended answer filed. And the plaintiff moved to strike out a part of the amended answer; which motion was sustained. To these several rulings of the court, the defendant excepted. And in this stage of the case, while still pending, and before final judgment, the defendant comes here and asks leave of this court to institute a petition in error, to review and reverse the above-mentioned decisions of the common pleas.
   Bartley, C. J.

No final order, within the meaning of the 512th section of the code of civil procedure, is shown *to have [200 been made. It does not appear that either of the decisions made “ in effect determined the action and prevented the judgment.” For aught that appears, the defendant may yet succeed in his defense to said action. The record, therefore, discloses no foundation for a proceeding in error.

Motion overruled.  