
    Wm. Byers, Appellant, v. John Butterfield, Respondent.
    
      Practice — -Final Judgment. — The granting of a new trial is not a final judgment, and no appeal lies from it.
    
      Appeal from Greene Circuit Court.
    
    Lindenbower, for appellant.
   Bay, Judge,

delivered the opinion of the court.

Upon the trial of this cause in the court below the plaintiff obtained a judgment, whereupon the defendant, in due time, filed his motion for a new trial, which motion was sustained. The plaintiff then moved to set aside the order of the court granting a new trial, which was overruled. The plaintiff then took a voluntary nonsuit, and now appeals to this court.

The action of the court below in granting a new trial was not a final judgment or decision, and no appeal lies from it.

Let the appeal be dismissed.

The other judges concur.  