delivered the opinion of the Court.

The court is of opinión that the present is not a proper case for the interposition of this court, by way of mandamus. The application to set aside the default and inquest, was an.application to the discretion of the district court; and is not distinguishable in principle from- applications to grant new trials. This court has always considered such applications as r'ésting In the sound discretion of the court where the cause is depending, and not a matter for a mandamus or writ of err'or.