
    No. 26.
    Boyd and others, plaintiff’s in error vs. Ham, defendant in error.
    
       Where the transcript of the record was certified and sent up from the Court below, and was on file in the Clerk’s office of the Supreme Court, on the first day of the term to which the case was returnable, and no assignment of errors was filed on that day or before, the case was dismissed.
    Error to the Superior Court of the County of Merriwether.
    No appearance on the part of the plaintiffs in error.
    O. Warner, for the defendant in error,
    moved to dismiss the writ of error.
    It appeared that the transcript of the record in the cause had been certified and sent up from the Court below, and was on file in the Clerk’s office of the Supreme Court, on the first day of the term; and that the plaintiffs in error had failed to file an assignment of errors in the cause, as required by the xxni Rule of Court.
   Per Curiam.

Ordered, therefore, that the writ of error in the cause be dismissed, and the judgment of the Court below be affirmed.  