
    Johnson v. Johnson's Administrator.
    Tuesday, June 4th, 1811.
    Appeals — Place on Docket.  — Where an appeal Is admitted to be docketed (for good cause shown) after the time within which the record ought to have been sent np, and the appellant has been guilty of no neglect, the court will direct it not to lose its place on the docket.
    
      
       See monographic note on “Appeal and Error” appended to Hill v. Salem, etc.,Turnpike Co., 1 Rob. 263.
    
   On motion of Mr. Botts, for satisfactory reasons, the court directed this appeal (in which the record had not been sent up in due time) to be docketed. A question was then suggested, whether it should be entered at the end of the docket, or in the place which it would have occupied if the record had been regularly sent up. The court, being of opinion that the appellant was guilty of no neglect, after inquiry concerning the practice, directed the latter course to be adopted; the same thing having been done in the case of Kerr v. Dixon, Nov. 1st, 1799.  