
    Weavel against Lasher.
    Where a party submits to a new trial on the merits, in a court of common pleas, and is nonsuited at the trial, it is too late to apply to this court for a 'mandamus to compel the court below to enter judgment on the verdict given on the first trial.
    Metcalf moved for a mandamus to the court of common pleas of the county of Montgomery, commanding them to proceed to judgment on a verdict obtained by the plaintiff against the defendant, in June term, 1796, of that court. He founded his motion on a copy of the minutes of that court, certified by its clerk, by which it appeared that the verdict was set aside in the same term, on the merits, and that in February, 1798, a new trial was had, and the- plaintiff was nonsuited,
   Per Curiam.

The plaintiff by submitting to the new trial, has waived his right to the interposition of this court.

Rule refused. 
      
      
         See note to Fish v. Weatherwax, infra, vol. 2, p. 215.
     