Majority
p. 452The Jonquille. March 8th.
Syllabus
(Practice.)An admiralty suit, where an appeal hás been'.taken from the Circuit Court to this Court, but not prosecuted, will be dismissed, upon producing a certificate from thp Court below, that the appeal has been taken, and not-prosecuted.
Mr. Wheaton,. for 'the . respondents,
moved to docket and,dismiss, the appeal in the case, which was a prize cause, commenced in the Circuit Court of North Caroliná, in which a decree for costs ánd damages had. been , entered against the captors, from which they appealed, but had not prosecuted their appeal. He produced a certificate from the Court below to that effect.
The Court, stated, that, the case was within the spirit of the 20th rule of Court, although that rule applied, in terms, only to writs Of error..
Motion granted.[1]
a a Vide new rule of Court of the present term. Ante, Rule XXXII.