West v. Johnson

This is a motion filed in the Probate Court to dismiss an appeal from a final decree entered in that court because not seasonably entered in the Supreme Judicial Court. The motion was denied. Appeal was taken from that denial. The judge made findings of fact to this effect: final decree was entered on June 23,1925, appeal was claimed on June 25, report of material facts found by the judge was filed on July 22. “It is agreed that on September 3, 1925, when said motion to dismiss was filed, no order had been given by said respondent to the register of probate to prepare proper copies of papers…