
    
      STEPHENS v. SMITH.
    
    West'n District.
    
      Sept. 1822.
    
    If the appellant fails to bring up his case according to law, the appellee may have the judgment affirmed, with damages for the delay.
    Appeal from the court of the sixth district.
    
      Thomas for the plaintiff, Oakley for the defendant.
   Porter, J.

delivered the opinion of the court. This case cannot be distinguished from that of Yeiser vs. Smith, decided a few days since. The judgment of the district court must be affirmed with damages. Ante, 292.

It is therefore ordered, adjudged and decreed, that the judgment of the district court be affirmed with costs, and ten per centum damages for the delay occasioned by this appeal.  