West v. Brashear

Mr. Chief Justice T anev delivered the opinion of the" Court. In this case an appeal has been1 taken from the decree of the circuit court for the eighth circuit, and a copy of the record . in due form has been lodged by the appellants with the clerk. But the case has not'been docketed, because the appellants have not filed'the bond to secure the fees to the clerk of this'Court, prescribed by the rule No. -37, adopted at January term, 1831.- Upon the record brought here as abovementioned, the appellee has moved the Court for leave to docket and- dismiss the case, under the 30th rule. " We think this cannot be done. The appellee, upon producing 'the "certificate from the clerk of the circuit court, as required "by the 3Gth’ rule of -this Court, stating the cauáe and certifying that such an appeal had been duly sued out and allowed, will be entitled to have the case docketed andAismissed. But this cannot be done ,on the record- brought here by the appellants. The motion is therefore overruled.