delivered'the opinion of tlie court.
It appears from the record in this cause that an appeal was granted on the 29th day of June, 1863, and that appellants have wholly failed to prosecute their said appeal. The respondents now bring into this court a transcript of the record, and move for an affirmance of the judgment. The motion is sustained and the judgment is affirmed, with ten per cent, damages.
The other judges concur.