Per Curiam. The application is to set aside a writ of inquiry, when there is none before the court. There is no return, no inquisition, and nothing to set aside. There was a written agreement, which does not appear to have been complied with. The plain-. tiff is in possession of Iris own writ of inquiry, and we see no objection to his issuing a new one, for as the writ is not before us, we cannot grant him. the effect of his motion as to setting it aside.