Ex Parte Loring, 94 U.S. 418 (1876)
U.S. Supreme CourtEx Parte Loring, 94 U.S. 418 (1876)
Ex Parte Loring
94 U.S. 418
This court will not by mandamus compel an inferior court to grant a motion to vacate an order setting aside a judgment of nonsuit.
This petition shows that at the June Term, 1874, of the Circuit Court of the United States for the Eastern District of Michigan, William B. True, the plaintiff in an action then pending in that court against Elisha T. Loring, the petitioner, after a jury had been empanneled and the testimony on his part concluded, elected to become nonsuit, and that a judgment to that effect was entered. On the 17th October, 1876, at a subsequent term of the court, after notice to the attorney of Loring, True moved to set aside this judgment and restore the cause to the docket for trial. This motion was granted Oct. 31, and, later in the term, Loring appeared by his counsel and
moved to vacate the order then made. This last motion was refused, Jan. 15, 1877, and Jan. 29 this petition was filed by Loring for a writ of mandamus to the judges of the circuit court requiring them "to vacate the order setting aside said nonsuit."