
    Trice vs. Smith.
    A writ of error will not lie from the refusal of the circuit court to reinstate a cause, after a voluntary nonsuit.
    In this case, upon the trial in the circuit court of Montgomery county, the plaintiff offered to read in evidence a bill of lading, which the court rejected. The plaintiff then voluntarily suffered a nonsuit. He afterwards moved the court to set aside the nonsuit, which the court refused to do. Prom the judgment of the court refusing to reinstate the cause, the plaintiff appealed in error to ,. this court-
    Kimble, for plaintiff in error.
    
      Clayton, for defendant in error.
   Green, J.

delivered the opinion of the court.

This court has repeatedly decided, that a writ of error will not lie on a refusal to reinstate the cause after a voluntary nonsuit. See also 6 Comyn’s Dig. Am. Ed. 443: 5 Cranch’s Rep. 290: 7 Cranch’s Reports, 152. Let the cause be dismissed.

Writ of error dismissed-  