
    Straub against Smith.
    Where the Court of Common Pleas first struck off an appeal from an award of arbitrators, < and three days after reinstated it,¿eW,that no writ of error lay till ■final judg- * raent*
    In Error.
    A WRIT of error issued in this case to the Court of Common Pleas of Northumberland county.
    , Arbitrators had been chosen in the Court below, and a report filed: from which the defendant, Smith, entered an appeal. The Court below on motion ordered the appeal to be struck off, and judgment to be entered on the report: the costs not being paid. Three days afterwards the Court on motion ordered'the appeal to be reinstated, the costs having been paid in the mean time.
    
      Bellas, for the defendant in error,
    moved to quash the writ of error, because the action was still depending. The record shews the action to be depending. The Court had onqe struck off the appeal, but afterwards reinstated it. The Court had a right to re-consider, and alter their proceedings during the same term.
    
      
      Watts and Marr for the plaintiff in error.
    This proceeding is under the act of 20th March, 1810, sect. 11. The appeal was not entered according to law: because the costs were not paid until .after it was brought into the Court of Common Pleas. A final judgment has been rendered. The report qf the arbitrators when filed, operated as a judgment} and when the Common Pleas, .took cognisance of the appeal they reversed the judgment.
    The Court stopped the counsel for the defendant in error from reply, . .
   By the Court.

It appears from the record,’that the action is depending in the Court of Common Pleas, and therefore the writ of error issued improperly. Whether thé appeal was entered according to law, cannot now be inquired. When the Court of Common Pleas has proceeded to final judgment the whole proceedings' may be reviewed on á writ of error. Let the writ of error. b¡e quashed.

Writ of error quashed.  