A verdict having been rendered upon one only »f the two counts upon which issue had been joined, and the [*189] cause of action set forth in the other count not having been determined by further trial, discontinuance or otherwise, the whole case was not finally disposed of in the court below, and these exceptions have been prematurely entered in this court. Safford v. Knight, 117 Mass. 281. Hall v. Briggs, 18 Pick. 503. Sutton v. Dana, 1 Met. 383. Exceptions dismissed.