James v. Bank.

IN error to the Circuit Court for Louisiana.

The Bank of Mobile brought suit in the court below against one James, on bill of exchange. The record of the case, as sent here, contained nothing but the declaration; the plea of the general issue; the proof of protest of the bill of exchange, indorsed by the defendant, and notice to him of nonpayment, and judgment of the court in favor of the plaintiff. There was no bill of exceptions, and nothing upon which error could be assigned.

A motion was now made by Mr. P. Phillips, in behalf of the defendant in error, to dismiss the case; an unreported order of dismissal, which was said to have been made at the last term on a similar case, being referred to.

Mr. Carlisle, contra. The CHIEF JUSTICE delivered the opinion of the court.