
    CLINTON H. SMITH COMPANY, PLAINTIFF AND APPELLEE, v. CHARLES W. OATHOUT, DEFENDANT AND APPELLANT.
    Submitted June 4, 1907 —
    Decided November 11, 1907.
    'Under the act providing for appeals from city District Courts to the Supreme Court {Pamph. L. 1902, p. 565), the appellant must bring up, with the state of the case, a certified transcript of the judgment record in the court below.
    On appeal from the Second District Court of the. city of Newark.
    Before Justices PIendrickson, Pitney and Trenchard.
    Eor the plaintiff, Jacob L. Newman.
    
    For the defendant, Gasimiro Scoppetone.
    
   The opinion of the court was delivered by

Trenoiiakd, J.

This is an appeal from the Second District Court of the city of Newark. The briefs deal with the case as if it were taken pursuant to Pamph. L. 1902, p. 565. Under that act the appellant must bring up, with the state of the case, a certified transcript of the judgment record in the court below. Katzin v. Jenny, 45 Vroom 131.

In the present ease there is no such transcript of the judgment record, and therefore the appeal must be dismissed, with costs.  