Defendant in error at a former day moved to qnash the bill of exceptions, which was allowed below *596and thereby admitted that, saving this objection, the record was properly here. Moreover, judgment was given in the court below that defendant go without day; this was a final judgment, and the writ of error well lies. Faver v. Philbrick, 5 N. H. 358; Powell v. Kinsey, 6 Blackf. 359.

Motion denied.