1. In the circumstances shown by the record in this case it was within the discretion of the judge to reinstate the case at the same term at which it ivas dismissed. In so doing his discretion was not abused.
2. No error requiring a reversal of the judgment refusing a new trial is shown.
Judgment affirmed.
All the Justices concur, except Russell, O. J., who dissents, and Bede, P. J., absent for providential cause. W. I1. Terrell, for plaintiff in error. H. W. Chambers, contra.