
    SHIMER vs. CIRCUIT JUDGE (Branch),
    17 M., 67.
   To vacate an order granting a new trial.

Denied May 13, 1868.

Held, that in the affidavit for the new trial there was something upon which the circuit judge was called upon to exercise his judgment. The question, therefore, was one intrusted to his discretion, and this court has no authority to review his conclusion.  