| Pa. | Apr 2, 1840

Per Curiam.

This case is entirely within the principle of Houk v. Knop. There was no neglect of anything that appertained to the official duty of the justice; who had the transcript ready for delivery within the time. Instead of attending to the filing of it in *437his proper person or by his counsel, the appellant committed it to the justice ; and the negligence which ensued was consequently his own- • -

Judgment affirmed.

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