held that the decision of the justice was equivalent in effect to a judgment of non-suit, and that an appeal would lie; and that mandamus,- and not a writ of error, was the proper remedy, because the return to a writ of error would not disclose the whole proceedings on the special motion made by the appellee, and without them the grounds of the dismissal, under the order entered in the cause, could not be made sufficiently to appear.

Writ granted, with costs against Fifield.