
    MILES against TANNER.
    it is not error that the Court of Common Pleas refused to grant a second' rule to' amend an appeal, and quashed it because it was defective.
    Error to Warren county.
    In this suit, which originated before S justice of the peace, the' jfláintiff in error was the plaintiff below. , The justice rendered á jüdgment upon a re'po'rt of referees in fat'or of the defendant/ from which the plaintiff appealed. The appeal having been fféféetive, the court granted a rule to show cause' why it should nót bes Quashed; and also granted leave' to the plaintiff to file an amended transcript. When the rule caihe on to be argued, the amended transcript was still defective; and the plaintiff asked for a sec’ond rule to amend, which the court refused, and quashed the appeal*
    This was assigned as error.
    
      Babbit for plaintiff in error.
    
      Btruthers, contra.
    
   Per Curiam.

The court ’.Vas bound to receive nothing under the rifle to amend, but an amended transcript properly certified; and the plaintiff, having neglected to perfect his transcript when an op-" portunity was afforded, co’iild claim no further'indulgence.

Judgment- affirmed;-  