
    STANGE vs. CIRCUIT JUDGE (Wayne),
    22 M., 407.
   To compel respondent to permit defendant and appellee to take judgment for his set-off in a case appealed from a justice of the peace, on the trial of which in the circuit, plaintiff (appellant) did not appear.

Denied April 11, 1871.

Held, that the only judgment which can be rendered in such case is one of non-suit or of discontinuance.  