— It is every day’s practice to set aside

a nonsuit improperly ordered by the court, if a judge at the Circuit, has, by illegal admission or rejection of evidence, driven the plaintiff to suffer a nonsuit. I am not satisfied but that the nonsuit should be set aside, and the plaintiff re-instated; and incline to the opinion, that the plaintiff be heard on the illegality of the testimony admitted at the Circuit. Rule refused.(a)