Laudable as bis purpose may have been, tlie learned judge was without authority to vacate the judgment of nonsuit and grant a new trial after adjournment of the term at which the case was tried, except by consent. Acceptance Corp. v. Jones, 203 N. C., 523; Bisanar v. Suttlemyre, 193 N. C., 711, 138 S. E., 1; Dunn v. Taylor, 187 N. C., 385, 121 S. E., 659.

The order, therefore, from which the defendant appeals, will be stricken out.

Error.