Martin v. Phelps, Reynolds & Co.

Campbell, J.,

delivered the opinion of the court. .

In July, 1876, the plaintiffs in error obtained a writ of error to the judgment against them, returnable to the present term of this court. The defendants in error entered a motion to'docket and dismiss the case, because a transcript of the record had not been filed in this court, as required by law.

On the 25th November, 1876, this motion was heard, and a certified copy of the citation was produced in support of the motion, as provided by § 418, Code of 1871.

The motion was opposed by the counsel for the plaintiffs in error, who submitted an…