Atkinson, J.
Prom an inspection of the bill of exceptions and tlie record in tbis case it appears that the action, though denominated an equitable action, is one at law, and is a case of which, under the constitution of this State, the Supreme Court has not jurisdiction. Accordingly the case will be Transferred to Court of Appeals.
All the Justices concur.
Frederick A. Tulen, for plaintiff.
Girard M. Cohen, Columbus E. Alexander, and Myer Cherkas, for defendants.