To compel respondent to grant a new trial in an ejectment case, wherein there had been a non-suit.

Denied June 19, 1877.

Held, that an application to set aside a non-suit is addressed to the discretion of the court below and the statute has no reference to such a case. The statute intends to give the parties a second trial upon the facts, and the case is only, brought within it where it appears that one trial has already been had.