
    JOSLYN vs. SAPPINGTON.
    Dickinson had moved to dismiss an appeal from county court of Davidson.
    The case was, that there had been a plea in abatement in the county court, to which there was a demurrer. The plea was overruled and judgment 
      of respondeas ouster, from this judgment the appeal was obtained.
    
      An appeal lies only from a final judgment after which the superior court will review all interlocutory proceedings.
    
    Note.—The above decision is conformable to the practice of the civil law. 1 Bro. Civil and adm. Law 494. See also 4 Mass. 107. 1 Call. 54. 1. Day 27.
    
    Stuart and White, argued e contra, relying upon Tay. Rep. 33. Com. Dig. title error.
   Per Curiam.

An appeal will not lie agreeably to our law, in ordinary cases, unless from a final judgment. Had the plea been sustained there might have been an appeal, for then the plaintiff would have been out of court, but as the case stood, the defendant should have answered over, and upon the case coming here after final judgment, we would then look into the interlocutory proceedings. If an appeal was allowed upon intermediate proceedings, we might have several in the same cause. If the cause were to be taken up here, and the plea in abatement not supported, we should have to send the cause back to the county court for trial, and upon the final judgment it might come here again.

The appeal must be dismissed.  