In this case, we think the whole matter complained of, as to ordering the case on for trial, and granting the motion for non-suit, was entirely within the discretion of the Judge below.

After the non-suit was granted, the Judge could not, without the consent of the defendaut, or his attorneys, set it aside, and restore the case to the docket; for the nonsuit is as'much a legal ending of the cause as a verdict; and in the case of The Ex’trs. of Thomas v. J & J. D. Brown, it was held that the Judge who tried the cause could not set aside the verdict and grant a new trial. The same consequence must attend a nonsuit.

That no Court has the power to set aside a non-suit, properly ordered, without the consent of the party in whose favor it is rendered, is the plain inference from McColum v. Massey and McNeill.

The motion is dismissed.

I think it material to observe that the regular term of the Court had expired, before the motion to set aside the non-suit was made.

Motion refused.