#### Wiley B. Green, Appellant, v. Eunice Atchison, Appellee.

APPEAL FROM PIKE.

Appeal dismissed if copy of record not filed within three days.

Reynolds, for appellee,

on the 13th day of January, 1829, moved the court to dismiss this appeal, for the reason that the appellant has not filed a copy of the record within the time required by law, and the rules of this court, and cited the 12th Rule of Court, and Rev. Laws of 1827, page 319.

Per Curiam.

This appeal is dismissed, and the appellee must recover her costs. (1)

Appeal dismissed.

(1)

The present statute in relation to filing records in cases of appeal to the supreme court is as follows: " The appellant shall lodge in the office of the clerk of the supreme court, an authenticated copy of the record of the judgment or decree appealed from, by or before the third day of the next succeeding term of said supreme court, provided, that if there be not thirty days between the time of making the appeal and the sitting of the supreme court, then the record shall be lodged as aforesaid, at or before the third day of the next succeeding term of said supreme court, otherwise the said appeal shall be dismissed, unless further time to fill the same shall have been granted by the supreme court upon good cause shown.” Purple’s Statutes, 828, sec. 48. Scate’s Comp., 264. And this is a transcript of the act of 1827.

In Hagar v. Phillips the appellant filed the record, and moved that the appellee join in error. The appeal was prayed within thirty days of the commencement of the term. The motion was refused. The appellant was not bound to file the record before the next term, and the appellee ought not to be compelled to appear before that time. 13 Ill., 292.

Under the foregoing act it is held that “ Where thirty days intervene between the date of the order of the court granting the appeal, and the first day of the next term of the supreme court, the record must be filed within the first three days of that term, although the time between the filing of the bond and the next term of the supreme court may be less than thirty days.” Vance v. Schuyler et al., 4 Scam., 286.

Where an appeal is taken to the supreme court, unless the record is filed within the first three days of the next term, which happens thirty days after the appeal is taken, or an extension of the time for filing the same is obtained within the three days, the appeal will be dismissed. It is not sufficient to file a motion for this purpose within the three days. Frink v. Phelps, 4 Scam., 480.