
    Alexander Porter’s lessee, vs. John Cocke.
    it is the duty of the plaintiff in error, and not of the clerk of the court in which the cause was tried, to transmit the record to the supreme court.
    The plaintiff (Porter’s lessee,) brought an action of ejectment, against the defendant, in the circuit court of Hawkins county. The cause was tried at the October term, 1826, of said court, and a verdict and judgment obtained by the defendant; from which an appeal, in the nature of a writ of error, was prayed for, and granted by the court.
    The transcript of the record was filed in the office of the clerk of the supreme court, on the 12th of July, 1827, several days after the supreme court had commenced its July session; a motion was made by the counsel of the defendant, to have said appeal, in the nature of a writ of error, dismissed, upon the ground, that the transcript of the said record was not filed within the time prescribed by the rules of this court. Whereupon, John Kennedy, the attorney for the plaintiff, submitted the following affidavit, as a reason why the transcript was not filed in time.
    ■ “John Kennedy makes oath, that at .the last May county court for Hawkins county, he applied to the clerk of the circuit court, for the record in this case, to transmit it to the supreme court — the clerk informed this deponent, that the record was made out, and that he had, or would certainly transmit it in time. This deponent informed him of the rule of court, that required it to be transmitted; and if he had not received the assurance he did from the clerk, 
      he would have brought up the record, or caused it to be done in time. He further states, that the plaintiff in error resides in Davidson county, and depended on this deponent to manage his case, in this and all other respects; that it is not owing to plaintiff’s neglect, or this deponent’s, that said record was not brought up in time.”
    
      T. L. Williams and M Kinney supported the motion.
    
      Kennedy contra.
   Per Curiam.

The reasons assigned, in the affidavit, why the cause was not brought up to this court in proper time, are insufficient. It is the duty of the plaintiff in error, and not of the clerk, to transmit the transcript of the record to this court. The court must adhere strictly to the rules prescribed, in relation to the transmission of transcripts. Let the cause be dismissed.  