This case is unlike and therefore not governed by Davison v. Elliott 9 Mich. 252. Here the appeal had been taken in time, but the entry fee was not jmid and because thereof the appeal was dismissed. The-default in not paying wqs excused to the satisfaction of the-circuit judge, and the cause reinstated. This was we think within the discretion of the court and properly exercised. The fact that a transcript had been taken and filed in the circuit court and execution issued thereon, would not prevent, the remedy afforded. The case had been in the circuit, and, as-now appears, improperly dismissed, and in re-instating it, there was no act required to be performed by the justice, and in this, it differs from the case relied upon.

Writ denied with costs.