#### Edward L. Compton, plaintiff in error, vs. Thomas S. Palmer, defendant in error.

A case improperly dismissed by the circuit court; and Boswell, administrator, v. Newton, (ante, p. 264,) cited and approved.

July, 1835.

— Error to Independence Circuit Court, determined before Benjamin Johnson and Archibald Yell, judges.

Opinion oe the Court. — This is a writ of error to the Independence circuit court, to reverse a decision made at the November term of that court, dismissing the cause, on the ground that it had been discontinued by operation of law.

*283Upon examination of the record, it is found, the same question is presented for consideration, as that determined at the last term of this court, in the case of James Boswell, administrator, v. M. D. Newton, (ante, p. 264,) which opinion the court has examined and fully approved.

The dismission of the cause for the reason set forth, was erroneous. ' Judgment reversed.