
    GARRETT vs. PERRYMAN.
    
      Knoxville,
    
    Sep. 1808.
    Appeal dismissed for want of attornies reasons for the appeal. Afterwards a certiorari was obtained, which was argued.
   Judgment in the county court, upon which an appeal was prayed to this court, which at a former term was dismissed, no reasons for the appeal having been filed by the attorney in the county court. After this a certiorari was obtained to bring up the proceedings of the court below. A rule bad been made to shew cause why the certiorari should not be dismissed. Upon shewing cause, Dardis and Scott objected. 1st that a certiorari had been allowed before a procedendo was awarded, which was irregular ; 2d that the failure in filing, reasons was the parties own neglect, or that of his attorney, which was the same thing. Sed non allocator, and the rule was discharged.  