When the defendant’s exceptions to the report were sustained, it was the privilege of the plaintiff to appeal from the ruling of his Honor, and present the whole case to this court: but the plaintiff was deprived of that privilege by the order dismissing the bill. We consider the case before us not upon the merits, but upon the appeal from the order dismissing it. That was clearly erroneous.

This will be certified, &c.

Per. Curiam. Order reversed.