Where an appeal in the nature of a writ of error is dismissed on the ground that the record was not brought up within the time prescribed by the rules of the court, the appellant may, notwithstanding, prosecute a writ of error within the same time, and under the same regulations, as if no appeal in the nature of a writ of error had been taken in the case.
Code 1858, § 3185 (deriv. Acts 1827, ch. 50, § 1); Shan., § 4921; Code 1932, § 9073; T.C.A. (orig. ed.), § 27-607.