To compel dismissal of an appeal from Justice Court in a case where the fee of three dollars to be paid to the clerk of the appellate court by the justice on making .his return, as prescribed by Act No. 148, of the Laws of 1883, was not paid to the justice but was paid by the appellant to the clerk upon the final return of the justice.

Denied June 24, 1894, on the ground that the court below had discretion to do what was done.