Mulanphy v. Murray

This case is brought up by the appellee, who insists, that the judgment of the court below should be affirmed with damages.

West'n District. Sept. 1822.

The record does not contain the petition of appeal; and it has been argued by the counsel who have appeared on behalf of the defendant, that all we can do is to dismiss the parties from this court.

The appellee contends, that a certificate of the clerk, that there was a petition which was taken out by the appellant, is sufficient evidence to establish the fact, on which an affirmance of the judgment below is demanded.

We do not think so; but we…