Cuyahoga Circuit Court March 23, 1908 (Widows & Orphans Fund v. German Roman Catholic Central Verein)

WINCH, J.

While that part of the order of the common pleas court, now complained of, re-referring the cause to a referee, appears to have been unnecessary, in the light of the real issues made by the pleadings and also appears to be in conflict with the former *526order of the same court made on April 5, 1907, yet we are without jurisdiction to reverse it, because such an order is not a final