Chiarelli v. Pentino

The plaintiffs’ appeal does not seek to secure corrections in the finding, hence there was no reason for the making of the evidence a part of the record. Unless the appeal assigns as error the findings as made, or in failing to make other findings, the court should not certify the evidence on appeal. The continued violation of our rule in this particular imposes upon the State a large and unnecessary burden of expense.

The defendant paid to plaintiffs $300, and to the second mortgagees on plaintiffs’ premises $1,500, and in return therefor the plaintiffs gave him their note for $1,800, and as…