delivered the opinion of the. court.

The filing of such a paper, as has been filed in this case, is not tLe filing of the transcript at the next term after the *694 issuing of the writ of error, without which we can have no jurisdiction of the case. The motion to dismiss must be allowed.

• So much of the motion made in behalf of the plaintiff in error as asks' leave to withdiaw the record is .granted; but the residue of' the motion mustJbe denied. The case can be brought here only by a new writ of error.