Mr. Chief Justice Geeene
delivered the opinion of the court.
In this case, although it is a conunon-law cause,, brought here under the appeal act of 1883, and is within the provision of rule 5 requiring an assignment of errors,, no errors have been assigned. To the motion to dismiss, for non-compliance with the rule, there is simply opposed a claim that an assignment of error is unnecessary. Let the motion to dismiss be granted.
Hoyt, J., and Tuenee, J., concurred.