
    DAVIS vs. WELSH.
    Wjjen ?n in-•£r¡or couq <tff-Sen-cordmuff ihew a fuffid-pt canfe for
    THIS suit was brought in the ojd supreme district court; and on the then district of Kentucky being erec-te<^ *nt0 a state, it was sent to Hardin county for trial . That court, without assigning any cause for it, dismissed the suit. Davis sued out his writ of error.
    Talbot for plaintiff. —
    -It has been suggested to me, that the cause was dismissed because it was not sent to the proper county. If it had been sent to an improper couuty, that court could not dismiss it. If the decision of the commissioners who distributed those papers, was not final, the party aggrieved should have moved the court where it was depending, to have sent it to the proper county. But that court certainly erred in not putting upon the record the cause of the dismission. They not having done so, this court, which is confined to ¡the record, and can in it see no sufficient ground for the judgment which that court gave, must of necessity reverse their decision.
    
      January 18th.
    
    
      
      
         Ads of ?.e i,1??2’ - ' '
    
   Edwards, Ch. J.

delivered the opinion of the court, that the judgment of dismission be reversed, and the cause remanded for trial.  