June 9, 1924. The opinion of the Court was delivered by This is an appeal from an order of Judge Wilson granting a new trial in the case.
The exceptions are overruled and judgment affirmed. No appeal can be made except from a final judgment. Order granting new trial is appealable when based solely upon law. But in the instant case judgment is affirmed on grounds set forth by the Circuit Judge.
Affirmed.
MR. CHIEF JUSTICE GARY and MR. JUSTICE FRASER concur.