John McLean

“ The rule provides, that, 'in all cases where a writ of error, or an appeal, shall be brought to this court from any judgment or decree rendered thirty days before the commencement of the term, it shall be the duty of the plaintiff in error or appellant, as the case may be, to docket the cause and file the record with the clerk of this court within the first six days of the term.' If this be not done, the other party, on producing the proper certificate, may have the cause docketed and the appeal or writ of error dismissed. ”

“ Fendall, on a prior day of the present term of this court, to wit, on Friday, the 2d instant, and of the arguments of counsel thereupon had, as well in support of as against the motion, it is now here ordered by this court, that the said motion be and the same is hereby overruled. ”