Bixler's adm'x v. Parker

A failure to make the motion to dismiss the appeal, because the record was not filed within the time prescribed by law, until after the case was submitted on final hearing, must be regarded as a waiver of the right.

By an act approved March 9th, 1854 (2 vol. Sess. Acts, 348), the powers of the marshal of the town of Lawrenceburg were extended over the county of Anderson, whereby he had the power, and it was his duty, to execute the writ of fieri facias named in the petition, as it is alleged the same was placed in his hands; and it is by *167statute made the duty of the courts of this Commonwealth…