Opinion
JANUARY TERM, 1834.
An appeal was taken at the December term 1832 of the circuit court for the District of Columbia, to the January term 1833 of this court; but the appeal was not entered to that term, but was entered to January term 1834. The case being called for argument, the defendant asked for a continuance, which was granted.
IN this case the appeal was taken at the December term 1832 of the circuit court of the district of Columbia to the supreme court. The appeal was not entered to the next term of the court, but was entered at January term 1834. The cause being called on for argument; the defendant asked for a continuance, which was resisted by the appellant.
Though the case is not within any rule of this court, yet the court are of opinion, that as the appellant did not enter the appeal at the proper term, the other side ought not to be compelled peremptorily to go on with the cause at this term.