The facts as shown by the record and affidavits filed in support of the motion were as follows:

« — That the writ of error was issued September 80, 1895, returnable October 25,1895, and was returned December 31, 1895, on which day copies of the printed record were filed.

6 — That the case was noticed for hearing for the April term, 1896; that copies of appellant’s brief were filed April 11, 1896, on which day a copy of said brief was served upon the attorney for the appellee.