¶1We are of the opinion, that the record can only be filed by the party taking out the writ of error. If he should fail to file it, the ad*185verse party can have judgment affirmed on certificate. The certificate accompanying the record is sufficient for the purpose of affirmance. It is however affirmed without subjecting the plaintiff in error to the costs of the record; they must be paid by the party filing it.
3 Stew. 184
Thacker v. Myrick
Decided July 15, 1830
Supreme Court of Alabama · decided 1830-07-15
In this case, the record was filed by the defendant in error, and he now moves for an affirmance of judgment for the want of an assignment of errors. The plaintiff insists that the record was not filed by his counsel, and that the defendant has no right to file it and tax him with the costs.
Decided 1830-07-15