The appellee, having joined in error, now moves that the appeal be dismissed, and the cause stricken from the docket, because there is not a certificate of appeal. The motion comes too late. When the record presents a case of which this court can take jurisdiction by appeal, a joinder in error is a waiver of the certificate of appeal, or of the security for costs, or of any defects therein. 1 Brick. Dig. 103, § 260.

The motion is overruled at the costs of the appellee.