MEREDITH, moved the court to dismiss this appeal, because the transcript of the record was not filed within the first six days of the term, agreeably to the general rule f ante vol. 3. p. 239. J The transcript was .filed on the 13th day of the term and before the motion to dismiss..

The-Court, (Washington, justice, absent) said that they did not consider the rule as applying to any case where the transcript shall have been filed before the motion for dismissal.

Motion ovemded.