Picetti v. Orcio

OPINION

By the Court,

Coleman, J.:

Pursuant to rule III of the court, we dismissed the appeal in the above-entitled matter, on the ex parte motion of counsel for respondents.

The motion to dismiss was upon the ground that the record on appeal was not filed within thirty days after the appeal had been perfected and the bill of exceptions had been filed, as required by rule II of this court.

The motion recites that the appeal was perfected by serving and filing of a notice of appeal on August 26, 1934, and by filing the undertaking on appeal on August 29, 1934; that the bill of exceptions was…