Simplicity Pattern Co. v. Kealey

This is a motion by the appellee to dismiss a claim of appeal to the Supreme Judicial Court by the appellant for failure of the appellant to comply with G. L. c. 231, §133, relative to paying the estimate of the cost of printing within twenty days after the date of clerk’s notice of the cost, said notice having been given to the appellant on February 19, 1963 and the cost of estimate not yet having been paid.

The trial judge made a finding in favor of the plaintiff in the sum of $439.67. The record shows that the defendant filed his request of report within the time prescribed by the rules of…