delivered the opinion of the Court, Wallace, J., Sprague, J., and Temple, J., concurring:

If the District Court had no jurisdiction of the cause, it is still pending in the County Court on appeal; and if the *694District Court clicl acquire jurisdiction, its order dismissing the cause, is final and conclusive in this proceeding, and the Justice of the Peace rightfully refused to issue an execution. Mandate denied.

Crockett, J., expressed no opinion.