
    SEELY v. BLAIR.
    Appeal — nonsuit—motion to quash.
    An appeal lies from the Court of Common Pleas by the plaintiff, after a nonsuit ordered by the court.
    Appeal from the Common Pleas by the plaintiff.
    
      J. H. Paine and G. Tod,
    
    moved to quash the appeal, because it appeared by the record that the plaintiff became nonsuit in the Common Pleas: (2 O. R. 87; 4 O. R. 200.)
    
      P. Hitchcock, contra.
   Br the Court.

It appears by the record that the plaintiff became nonsuit by order of the Court of Common Pleas, not of his own mere motion. In such cases, the law especially provides that an appeal maybe taken: (29 O. L. 75; 2 O. R. 87.)

Motion denied.  