“ Mr Underwood, counsel for the defendant in error in this cause, having filed and read in open court certified copies of the writ of error, citation and appeal bond in this case, and the judgment of the circuit court of the United States for the district of Kentucky, rendered in said cause; and having stated that the plaintiffs in error had failed to have their transcript of the record of said cause filed with the clerk, and their cause placed upon the calendar of this court according to the rules thereof ”