FRANCIS WEST AND OTHERS, APPELLANTS
v.
WALTER BRASHEAR
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In this appeal from a circuit court decree, the Supreme Court considered whether a case could be dismissed based on the appellants' failure to file a bond required by Court rules before docketing. The Court held that while the appellee could move to dismiss the case, such dismissal could only proceed upon production of the proper certificate from the circuit court clerk as required by the Court's rules, not based on the record submitted by the appellants. The Court overruled the appellee's motion because the proper procedural requirements had not been satisfied.
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Mr. Chief Justice T anev delivered the opinion of the" Court.
In this case an appeal has been1 taken from the decree of the circuit court for the eighth circuit, and a copy of the record . in due form has been lodged by the appellants with the clerk. But the case has not'been docketed, because the appellants have not filed'the bond to secure the fees to the clerk of this'Court, prescribed by the rule No. -37, adopted at January term, 1831.-
Upon the record brought here as abovementioned, the appellee has moved the Court for leave to docket and-dismiss the case, under the 30th rule. " We think this cannot be done. The appellee, upon producing 'the "certificate from the clerk of the circuit court, as required "by the 3Gth’ rule of -this Court, stating the cauáe and certifying that such an appeal had been duly sued out and allowed, will be entitled to have the case docketed andAismissed. But this cannot be done ,on the record-brought here by the appellants.
The motion is therefore overruled.