To compel respondent to set aside verdict.

Granted April 22, 1891, with costs.

After the jury had announced that they had agreed upon a verdict, plaintiff asked leave to submit to a non-suit, but the court refused to permit it, and took the verdict. Relator cited Mer. Bank vs. Schulenberg, 54 M., 49; Helwig vs. Circuit Judge, 73 M., 258 (896).