
    The People ex rel. John M. Hoffman v. The Circuit Judge of St. Clair Circuit.
    
      New Trial in Ejectment — Comp. L. § 6238,
    
    'The Michigan statute providing for new trials in ejectment (Comp. L. § 6238) applies only where a trial .has been had, and not simply a non-suit.
    Setting aside a non-suit is discretionary with the court.
    Mandamus to compel the court below to grant a new trial in ejectment.
    Submitted June 19.
    Decided June 19.
    
      George P. Voorheis for the .motion.
    
      W. T. Mitchell against.
   Per Curiam.

This is a motion for a mandamus to

.compel the circuit judge to grant an order for a new trial as a matter of right under the statute in an action of ejectment. It appears, however, that there has been no trial at all, but only a non-suit. An application to set this aside would be addressed to the discretion of the court below; the statute has no reference to such a case. The .statute intends to give the parties a second trial upon the facts; and a case is only brought within it where it appears .that one trial has already been had. Comp. L., § 6238.

Motion denied.  