From Lenoir. This was an application for a writ of certiorari, on an affidavit of the Defendant, in which he stated, that having appealed from the decision of the Court below, to this Court, and having given bond and security to prosecute ins appeal, he applied, timing the term, to the Clerk below for ■> transcript of the record of the proceedings, in order to convey the same, in due time to Hits Court; that he ®vtg informed by the Clerk that the transcript should be…
Decided 1822-06-05
Hall, Judge,
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said, bad any accident happened in this case, over which the Defendant reasonably could not have been expected to leave any control, which prevented him from bringing up his appeal, it would be the duty of this Couid to grant the writ of certiorari, as prayed for $ but. that has not been the case; be trusted to anuí her
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<]<> what he. ought 1o have done himself, and as that trust has been improperly placed, he mu«t abide the consequence. I think the writ prayed for cannot bo granted.
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And of this opinion were the other Jui?e33s„ So the writ was refused-
