Yeiser v. Smith

The appellant, who was defendant in *293the court below, having failed to prosecute his appeal within one month, as prescribed by the act of the legislature, passed the 1st March, 1822, the record has been brought up by the appellee, who has prayed that the judgment of the inferior court should be affirmed with damages.

The only difficulty in acceding to the prayer of the appellee, is the manner in which the record is made up. There is neither statement of facts, special verdict, evidence taken down by the clerk, written document certified, or any thing equivalent thereto; and the question is…