We are of opinion that there was not an entire failure of any showing, but on the contrary there was something upon which the Circuit Judge was called upon to exercise his judgment; and that being so, the question whether a new trial should be granted is one addressed to his discretion, and the Supreme Court has no authority to review his conclusion, and compel him by mandamus to rescind his order.
Motion denied.
AI-generated responses must be verified and are not legal advice.
