charged with the control of proceedings and the decision of questions of law or. discretion. Todd v. U. S., 158 U, S. 278, 15 Sup.

vy; Brown & Sharpe Mfg. Co., 18 R. I. 16, 25 Atl. 246, 17 L. R. A. 856.

merely interlocutory, although it may finally dispose of that particular matter. 1 Black, Judgm. § 21.

verdict, the plaintiff voluntarily goes into court and enters on the record that he “withdraws his suit.” It differs from a nonsuit. In the latter case the plaintiff may gue again, upon payment of costs; but a retraztt is an open, voluntary renunciation of his claim in court, and by it he forever loses his action.

taking issue on the plea, take judgment of assets quando acciderinit, in this case, if assets afterwards come to the hands of the executor or heir, the plaintiff must first sue out a sctire facias, before he can have execution. If, upon this scire facias, assets be found for part, the plaintiff may have judgment to reeover so much immediately, and the residue of the assets in futuro. 1

$28, 28 L. R. A. 621.—Judgment creditor. One who is entitled to enforce a judgment by