The cause being regularly called for trial, no person appeared on the part of the plaintiff; so that the nonsuit entered may be said to have been suffered voluntarily, and it is consequently not the subject of a writ of error. The remedy was an application to the discretion of the court, on a proper ground laid ; and however we may consider the facts set out in the plaintiff’s affidavit, it is not our province to relieve him.

Judgment affirmed.