A motion to set aside a judgment dismissing an ap,peal is directed to the legal discretion of the court. Where the court entertained such a motion and granted an order directed to the adverse party, requiring him to show cause at the next term- of court why the motion should not be granted, and where no service was made, and at the next term the court, for that reason, dismissed the motion, there ■was no abuse of discretion in so doing.

Judgment affirmed.