
    BLACK vs. BOTTS.
    The court will not 'receive a record on an appeal, though, by conientj before the tfermtó whith it is taken.
    
      May 5th.
    
    
      May 6th.
    
    AT the lást term of the Montgomery circuit court, which was held during the present term of this court, jan appeal was taken in this cause, from a decree of that court. The appeal was, consequently, an appearance to the next term of this court.
    Wivklrffe, for the appellant, and Bledsoe, for the ap-pellee,
    produced. the record in court, and moved the court for leave to file it, by consent, as an appearance of the present term. They observed that where the court have no jurisdiction of the subject matter, consent cannot give it : but where the court have jurisdiction, the manner of bringing it before the court, can be regulated by consent. , A deviation from the usual course* would only be an irregularity ; and the parties can, at all times, cure irregularities by consent. ,
   Edwards* Ch.J.

— Iftherewereno question about our power, to receive the record at this term* it is still questionable whether we ought to do it; as it will be giving these parties a preference, in the hearing of the cause* before others who have an equal claim Upon óur justice, for a speedy.determination of their disputes. We will take time to consider,of it.

The next day the,court overruled the motion;  