#### Adam Smith, Appellant, v. James A. James, Appellee.

APPEAL FROM MONROE.

Further time to file record on an affidavit that it was through the negligence of counsel that the record was not filed in time, refused.

McRoberts, for appellee,

on the 16th of January, 1829, entered his motion to dismiss this appeal, because the appellant had failed to file a copy of the record within the time prescribed by law and the rules of court, and relied upon the 12th Rule and the 33d Section of the Practice Act, Rev. Laws of 1827, page 319.

Ford, contra,

read an affidavit stating that it was not owing to the negligence of the appellant that the record was not filed, but to that of his counsel, and asked further time to file the record.

Per Curiam.

Let the motion for further time to file the record be overruled, and the motion to dismiss the appeal be sustained, and the cause remanded, so that the appellee may have his execution upon his judgment in the Monroe circuit court, and also that he recover his costs against the appellant. (1)

Appeal dismissed.

(1)

See note to last case.