
    Dillman’s Appeal.
    An agreement by counsel to quash appeal “with like effect as if the record from the court below, duly certified, had been brought up by the appellee, the appellant having failed to prepare a paper-book or to bring up the record, ” filed by leave of court, is sufficient where the case is properly in the supreme court; but such proceeding will be revoked where the case is not in the court.
    Feb. 19, 1890.
    Feb. 19, 1890.
    Application to file agreement to quash appeal from O. C. Schuylkill Co. McCollum, J., absent.
    The following agreement, signed by counsel, was presented to the court:
    “ It is agreed that this appeal be quashed with like effect as if the record from the court below, duly certified, had been brought up by the appellee, the appellant having failed to prepare a paper-book or to bring up the record.”
    
      W. F. Shepherd, for appellants: A. W. Schalck, for appellees.
   Per Curiam,

Let the paper be filed. It is sufficient so to do.

The following entry is made on the prothonotary’s Minute Book, as of the same day:

The above action was afterwards revoked, the case not being in the court and no action being proper under such circumstances.

H. J. L.  