
    *Thomas Gallagher and William Gallagher against John Kean et al. administrators of John Hamilton.
    On an appeal from the Circuit Court, to the Supreme Court, counsel must subscribe a certificate, and file the proceedings of the Circuit Court with the prothono-tary before the first day of the next term.
    This cause was tried at Harrisburgh, on the 21st October last, before the Chief Justice and Judge Bracicenridge, when the jury gave a verdict for the plaintiffs for 169I. 16s. A motion was made for a nonsuit at the trial, but the same was disallowed; and afterwards a motion in arrest of judgment which was overruled. The record of the proceedings of the Circuit Court was not filed in the prothonotary’s office, until the 28th December, which was fourteen days after the term commenced. And now Mr. Hopkins for the plaintiffs moved that the judgment should be confirmed, as if the appeal had not been made. The counsel for the defendants had not subscribed a certificate, nor had the proceedings been filed in due time ; both of which grounds were solid objections against the appeal, under the 4th section of the law of 20th March 1789. 4 St. Laws 364.
    Mr. Duncan for the defendants stated,
    that he had understood no decision had taken place on the motion for a nonsuit, the court being divided, and that there could not be an appeal, unless there had been a judgment.
   By the Court.

It appears from the Chief Justice’s notes, that the motion for a nonsuit was rejected. The members of the Circuit Court being divided, would operate as a decision on that question. The two objections which have been made to the appeal render it unavailable, under the express terms of the Circuit Court law.

Record remitted.  