
    Archer v Long,
    November Term, 1894.
    On the call of this case at April Term, 1894, the appeal was dismissed for want of prosecution. See 41 S. C., 551. At this term, on motion duly noticed, the appellant moved for an order restoring the appeal. This motion was refused, the Chief Justice saying substantially as follows: This is a motion made at this term of the court, in behalf of the appellants, to reinstate on the docket the appeal in the case dismissed at the last April Term of this court, under Bule 11, for failure by appellants to comply with the requirements of Buie 8. This Bule 11 was amended at the last April Term of this court, and under that rule, as it now reads, an appellant may move to reinstate an appeal so dismissed, if good cause be shown; but the rule contemplates a motion at the same term, if practicable, the language being: “Provided, however, that the court, in its discretion, may reinstate an appeal dismissed for such default, if good cause be shown therefor, under a motion to that effect, of which at least one day’s notice shall be given to the attorney of the opposite party, such motion to be made during the time assigned for the call of cases from the Circuit from which such appeal comes, or as soon thereafter as it is practicable to give the required notice.” The appeal in this case was dismissed by order dated 21st May, 1894. 41 S. C., 551. Rule 11 was amended 2d June, 1894, to take effect on July 1, 1894. The rule as amended cannot, therefore, govern this motion. In addition, the court is of opinion that no sufficient showing has been made to excuse the failuie by appellants to comply with the requirements of Rule 8. Therefore, the motion must be refused.
    Thereupon the following order was passed December 19, 1894,
    
      W. W. Thomson, for the motion.
    I). JE. Hydride, contra.
   Per Curiam.

This is a motion to reinstate the appeal herein, which was dismissed at the last April Term of this court. After hearing the affidavits and the argument of counsel for the appellants, it is ordered, that the motion be and it is hereby refused.  