Heroux v. Phare

A motion has been presented by Edward M. McFerran, one of the respondents, asking that the appeal as to him be dismissed. His motion is based upon two grounds, each of which is disclosed by the record before the court, as follows:

“First: That appellant has failed to comply with Rule 11 of the Rules of the Supreme Court by filing proof of, or written admission of, service of his brief upon this respondent within ninety days after taking of the appeal or at all.

“Second: That appellant has not, within five days after the filing of Notice of Appeal with the Superior Court or at any time, filed…