To compel respondent to vacate an order allowing an appeal from Justice Court, in a case where the affidavit and bond were left at the- office of the justice, in the files of the case, during the absence of the justice from the city.

Granted March 6, 1894, with costs.

Held, that appellant could have proceeded under Sec. J006, How. Stat., and therefore the appellant failed to bring himself within the terms of How. Stat., Sec. 7005.