#### Horace Morse v. Loren A. Williams.

Appeal from Will.

i. Practice in Supreme Court — record. A transcript of the record of a cause in a circuit court, which is not certified under the seal of that court, will not be regarded by the supreme court; and where a record is certified, without the seal’s being affixed, the cause will be stricken from the docket. (a)

IJri Osgood, for the appellant, moved to strike this clause from the docket, because there was no seal to the certificate of the transcript of the record from the court below.

J. Young Soammon, for the appellee,

resisted the motion, and insisted that it was too late to make this motion, after a joinder in error.

(a)

Cases Citing Text. Where clerk’s certificate to record is not under seal of trial court, cause will be stricken from docket of appellate court. Mason v. Gibson, 13 Bradw. 463. 466.

Where clerk's certificate to record is not under seal of trial court it is nullity- and appeal will be dismissed with proce-dendo. Wagener v. Richards, 14 Bradw. 389.

Per Curiam :

Unless the franscript is properly certified, the case is not in court. The objection is fatal, and the motion must be sustained. Each party will pay his own costs.

Motion sustained.