MEREDITH, moved the court to dismiss this appeal, because the transcript of the record was not filed within the first six days of the term, agreeably to the general rule ( ante vol. 3. p. 239.) The transcript was filed on the 13th day of the term and before the motion to dismiss.
The COURT, (WASHINGTON, justice, absent) said that they did not consider the rule as applying to any case where the transcript shall have been filed before the motion for dismissal.
Motion overruled.