
    Penney v. Somerville.
    An appeal not filed within three judicial days after the return day, where the failure does not result from any neglect on the part of the clerk or other officer, and where no extension of timo has been granted, must be dismissed.
    Appeal from the Fifth District Court of New Orleans, Buchanan, J,
    
      Roselius, for the appellant.
    
      Mott, for the defendant.
    
      St. Paul, for the intervenors.
   The judgment of the court was pronounced by

Kino, J:

A motion has been made to dismiss this appeal, on the ground that tho transcript was not filed within .the delay fixed by the .order of the district judge.

Tho appeal was made returnable on the fourth monday of April, 1848, which Rennet was the 24th of the month. The transcript was not filed until the 12th of Somerviele. May following. More than three judicial days elapsed between those dates. The motion must prevail. See 8 La. 206. 6 Rob. 280. 2 An. R. 453, 769.

Appeal dismiseed. 
      
       Appeals in the cases of Freeman v. His Creditors, and Randolph v. Tourne, were .also dismissed, for the same reasons.
     