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the appeal, decided that the Probate court erred Tn refusing to class the claim of the de- iendant against the plaintiffs in error, and 'hereupon adjudged ''that this cause be, and the same is hereby renanded to the said Pro- bate court, and that said Probate court pro- ceed and class the claim of the said plaintiff against the said defendants, according tolaw., Tor the purpose of reversing this judgment or decision of the circuit court, the admins 'rators of said intestate, have soed ort the present writ oi error, and thereby brough, the proceeding before this court.

 The case III this court proceeded to final hearing and submisi on, without any obiec- tlon to its jurisdiction butw are not there by authorised to adjudicate it, if, from the facts, as shown by the transcript of the re- cord, certified i'll this court upon the return ol the writ of error, no final adiudication, ot the circuit court appears to have been made In the cause; because no writ of error will lie without such adjudication, and until then, this court has no jurisdiction of the case.

 In the present case, 1t seems to us perfect " manifest, from an inspection of the tran- script, certified and sent to this court upon the return of the writ of error that there has been no final adjudication of the circuit court Tn the case, because that court. instead ofad- Judicatlng the matter de nouo, and making such order and decision on the premises as ought to have been made by the Probate court, and causing its judgment and decision to be certified to the Probate Court. as 1t was required by law to do, upon sustaining the exceptions to the opinion of the Probate court, (lf indeed the appeal was well taken, and the case one in which an appeal would lie, question upon which we are not called upon at this time to express any opinion) simply remanded the case to the Probate court, and required that court to proceed to class the claim according to law, which was wholly unauthorized by law, and left the case, without any final judgment or decided pronounced in 1t, remanded to u tribunal which, under the circumstances existing. (ii the appeal was well taken) could take no cognlzance of 1t whatever, to adjudicate or determine it; and which in respect thereto, had no power, except to enter of record the decision, order, or judgment, of the circuit court. Rec. Stat. .Ark., ch. 4, sec. 1S2, 1S3.

 This case appears to be in every essential part, so far as it depends upon the question, we have been considering, similar to that of Reagan, ct al. IS. Mitchell, ct al. deceased, by this court, al the July term, 1842, in which 1t was held, that there was no final judgment or decision of the circuit court.

 We are, therefore, clearly of the opinion that this court has no jurisdiction of the case, and that for this cause, the writ of error there- in sued out, ought to be, and it is hereby dis missed