
    WHITNEY vs. DOUDS.
    
      May 12th.
    
    If an application for a fuper-jedeas be overruled, the tran-fcript of the record muft remain with the clerk of this couit,unlefsthe court refufe to decide on the merits of the errors aligned, fur want of ju-rifdiition,
    CLAY produced the record in tills cause,in court ; assigned errors, and moved for a supersedeas ; which W as overruled.
    He then moved for leave to withdraw the transcript of the record, as it was probable his client would wish t o apply for a writ of error cor am vobis ; and, in that event', it would save him the costs of another copy. ‘
   By. the Court.

Whenever it is necessary for us to decide a question, it should be entered of record ; ancl the clerk, should retain the transcript on which the decision is rendered, to serve as a precedent on the points decided, and to prevent several applications being made in the same case. On an application, for & supersedeas, ⅛ a case in which this court had not jurisdiction to de» cide 011 error assigned, we gave leave to withdraw the record ; but that was owing to the cause going off on that point.- — - .Motion overruled. 
      
      
         Spring term 1807.
     
      
       At the fpring term 1810, Handley filed another tranfcript of the record, in the cafe Edwards vs. Handley, poft and moved for a Juperjedeas on the merits of the cafe. The motion was overruled $ but leave was given to. withdraw the tranfcript on which the motion was made, as the one on which the fuit was decided in this court, remained in the office.
     