Randolph et al. v. Barbour et al.

(Practice.) Randolph et al. v. Barbour et al. Feb. 12th. An equity suit, where an appeal has been taken from the Circuit Court to this Court, but not prosecuted, will be dismissed upon producing a certificate from the Court below, that the appeal has been taken and not prosecuted. Mr. B. Hardin, for the respondents, moved to docket and dismiss the appeal in this case, which was a suit in Chancery, commenced in the Circuit Court of Kentucky, and a decree entered, from which aii appeal was taken, but not prosecuted. He produced a certificate from the clerk of tlie Court below to that effect. [MAJORITY] The Court, stated that the case was within the spirit of the 20th rule of Court, although that rule applied) in terms, only to writs of error. Motion granted. Order.- — A certificate, from, the Clerk of the Circuit Court for the District of Kentucky, stating that an appeal had been taken in this case in May term, 1819, from the decree of the said Circuit Court, having been produced and filed, and it appearing that the record in said cause has not been filed: on motion of Mr. Hardfri, of counsel for the respondents, it is ordered, that the said appeal be and the same is hereby dismissed. Vide new rule of Court of the present term. Ante. Rule XXXII.