Thacker v. Myrick , 3 Stew. 184 ( 1830 )

By LIPSCOMB, Chief, Justice.

We are of the opinion, that the record can only be filed by the party taking out the writ of error. If he should fail to file it, the adverse party can have judgment affirmed on certificate. The certificate accompanying the record is sufficient for the purpose of affirmance. It is however affirmed without subjecting the plaintiff in error to the costs of the record; they must be paid by the party filing it.