Terhune v. Hill.
1. Record in the Appellate Court—Sufficiency of Clerk's Certificate.— Where a clerk’s certificate does not show that the record filed contains any order or judgment of the court below, but only that it contains “ all the papers designated, numbering from 1 to 52,” it was held that the judgment and the order allowing an appeal are records and not papers; therefore, under the clerk’s certificate, there was no judgment before the court for review.
2. Records—Fatal Defects.—Where a record has fatal defects in not showing that the appeal was granted upon one of the days of the term of court from which it was taken, the appeal will be dismissed.
Memorandum.—Appeal from the County Court of Franklin County; theHon. R. H. Flannig-ax, County Judge, presiding. Heard in this court at the February term, A. D. 1893, and dismissed.
Opinion filed September 8, 1893.
Tbe statement of facts is contained in tbe opinion of tbe court.
W. H. Hart, attorney for appellant.
John A. Treece, attorney for appellee.
Opinion' of the Court,
Scofield, J.
Tbe clerk does not certify that tbe record filed in this case contains any order or judgment of the court belowj but only that tbe record contains “all tbe papers desig*258natecl, numbering from one to fifty-two.” The judgment and ordei* allowing an appeal are records, not papers] therefore, under the clerk’s certificate, there is no judgment before us for review, neither has any appeal been taken to this court. It may be observed also that what purports to be an order allowing an appeal to this court, does not appear to have been made by the court below in term time. The case was tried on August 19th, and the memorandum concerning the judgment, which is hardly a judgment in form, seems to have been made on the same day. Afterward, on August 23d, an appeal was allowed. The record is fatally defective in not showing that the appeal was granted on one of the days of a term of the County Court.
The appeal is dismissed.