Whitaker v. Wright

In this case there was a motion to dismiss the writ of error.

The. writ of error is sued out to an order vacating and setting aside an order of non-suit and reinstating the case on the docket. The plaintiff in error contends that such order vacating and setting aside the order of non-suit and reinstating the cause on the docket is a final judgment to which writ of error will lie.

The motion to dismiss is upon the ground that the writ of error is not sued out to a final judgment.'

The result .of an order setting aside and vacating an order of non-suit and reinstating the cause on the docket of…