
    James Jennings, in error, v. Joseph E. Mercer.
    1.' Appeal. Pauper oath. Amendment. Certificate, of appeal prayed and of taking pauper oath, does not prove appeal granted. Amendment necessary.
    PROM GREENE.
    Appeal in error from the Circuit Court of Greene County, R. R. Butler, J., presiding.
    
      K. M. BartoN, for plaintiff in error.
    McKee & McFarlAND, for defendant in error.
    Tbe certificate referred to in the opinion is as follows:
    “In bilis case the defendant prays an appeal, and swears, that, owing to his poverty, he is not able to bear the expenses of the suit, to the next term of the Circuit Court for Greene County, and that he is entitled to a recovery in the case.
    “This, October 30, 1866.
    “Test: WilliaM McCoy, J. P. for G. C.”
   NicholsoN, C. J.,

delivered the opinion of the Court.

Defendant in error recovered a judgment for $75 against plaintiff in error, before a Justice of the Peace of Greene County. He prayed an appeal to the Circuit Court, and the Justice of the Peace certifies that he took the pauper oath, but no such oath, subscribed by him, is found in the record, nor does it appear from the record, that the appeal was granted by the Justice of the Peace.

On motion, the Circuit Judge dismissed the appeal, no motion being made to amend, or file a proper oath.

There is no error, and the judgment is affirmed.  