Keating

after stating the facts as above, delivered the opinion of the court.

*836 The defendant in error has interposed a motion to dismiss the writ of error on the grounds that no petition for the writ of error was filed herein in accordance with rule 11 of this court ( 31 C.C.A. cxlvi , 90 Fed. cxlvi ), and no writ of error was allowed by any judge, as required by said rules and the rules prescribed by the supreme court of the United States. The motion was made upon the further ground that the writ of error was not under the seal of the court from which it was issued, and did not bear teste from the date of its issue.

Rule 11 of this court prescribes the practice to be followed with respect to the assignment of errors, and provides that “the plaintiff in error, or appellant, shall file writh the clerk of the court below his petition for the writ of error or appeal and assignment .of errors, which shall set out separately and particularly each error asserted and intended to be urged. No writ of error or appeal shall be allowed until such assignment of errors shall have been filed,” etc. The assignment of errors was filed by the plaintiff in error with the clerk of the court below on…