Hildreth's Heirs v. M'Intire's

Judge Robertson,

delivered the opinion of the Court.

The appellants, having prosecuted an appeal, to the court of Appeals, Messrs. Barry, Hag-gin, Trimble, and Davidge, dismissed it in 1825, because the record was not filed with F. P. Blair, who. was acting as clerk to them. A certificate of the dis-mission, signed by Blair, as clerk of the court of appeals, was presented to the circuit court of Bourbon, (from which the appeal had been taken,) and although objected to by the counsel of the appellants, was received and entered on the record by the court; and thereupon a habere facias, was…