Amoruso v. Carley

This is a motion to dismiss plaintiff’s appeal from a judgment which was entered on September 8, 1947, and from the order denying plaintiff’s motion for a new trial filed on November 10, 1947. The motion is predicated on rules 4(d) and 10(a) of Rules on Appeal, and is supported by the affidavit of one of the attorneys for respondent together with the certificate of the clerk of the superior court under rule 42.

From the affidavits on file herein and from the clerk’s certificate it appears that the complaint, which was for specific performance of a contract of sale of real property, was filed…