Tbe order for a new trial entered in tbe court below was interlocutory. It does not affect tbe merits of tbe case and is in no sense final. Hence, tbe appeal is premature.

*631 In view of wbat bas been said in Brown v. Products Co., ante, 626, there is no sound reason why we should exercise our discretionary right to express an opinion on the merits of the exceptive assignment of error as requested by defendant. Knight v. Little, 217 N. C., 681, 9 S. E. (2d), 377.

Appeal dismissed.