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'T H]S TAT . E OF ARKAIwks. -337 ILITTLI2 H ROM :5111eTASSO -1i01032a Wayttpome ALANSON HOOPER againSt WATERMAN ET , Al.. : ERROR to Pulaski ' , Circuit Court. ^ Same point decided as in Tucker, vs. Ellis; ante. DiciruisoN, Judge, , delivered the o , pinion of the cou . rt: This case, coMeS up da a writ of error from Pulaski Circuit Court. At aprevions day :Of this term a rule was entered on the thotien Of the defendants, for the plaintiff to appear and show cause why the judg-meat of tiie circuit couri in the 'ease should not be affirined withdam-ages for want of in asSignment Of errors within the time preseribed by laW. A Copy of the rule was issued, and the attorney for the plaintiff acknoWledged the serviee thereof. The motion is now to Make the rule absolute, or to affirm the , jUdgment with damages, because the plaintiff has' noU g hown any good cause for a failure to file his assign-Meat of error on or before the three first days of this terth, to which the Wiit is renirnable. The ruk Whiai 'governed the coUrt in the case Ot JaMes and William iiidcer against Ellis,Adininistrator, ' decided at the present term of thiS court is apPlkable to . this case. The judgment of the Pulaski Cir-cult CoUrt Must therefore to affinned with six per eentum dainages.
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