| Tenn. | Dec 15, 1869
delivered the opinion of the Court.
This is an action of trespass brought in the Circuit Court of Franklin County, to recover damages for cutting timber on the land of the plaintiffs.
After declaration and plea filed, the defendant, Davenport, filed a sworn petition in the cause, under the Acts of Congress of March 3d, 1863, and May 11th, 1866, stating that the alleged trespasses were committed during the late rebellion, under and by virtue of orders issued by Major-General George H. Thomas, commanding the Department of the Cumberland, and for the purposes of the United States military railroads; and praying that the cause be transferred to the Circuit Court of the United States for the District of Tennessee.
Upon this petition, the Circuit Court of Franklin County ordered that the cause be transferred to the Circuit Court of the United States, at Nashville; and that the Clerk certify the papers and records in the cause to that Court; to which order the plaintiff excepted, and prayed an appeal to this Court, which was granted.
We notice but one of several questions raised upon this appeal.
The judgment appealed from is not a final one. The cause is not finally disposed of; no adjudication is made of any question of fact or law in the case ; no judgment for costs was rendered, or could have been rendered. It is true the case is finally disposed of, so
The appeal must be dismissed upon the ground that an appeal will not lie from the order in question, and the cause remanded to the Circuit Court of Franklin County.