To set aside order granting a continuance which was based upon a ruling that the cause was not at issue.

Denied December 1, 1892, with costs.

Bill filed against relator and another — answered—replication filed — application for leave to amend answer granted — amended answer filed.

' Relator, before time to except or reply had elapsed, attempted to press the case on for hearing. Court below held that the case was not at issue.