Carr v. Butler

The defendants move to resettle the case on appeal herein by allowing portions of the exhibits to be printed instead of all of such exhibits. The plaintiff objects on the ground that the defendants’ appeal must be deemed abandoned, for the reason that they did not have the case on appeal filed within ten days after it had been settled. Rule 35 of the General Rules of Practice reads as follows, viz.: “ When a party makes a case, or a case and exceptions, he shall procure the same to be signed by "the judge or referee and filed, within ten days after it shall have been settled, or it shall be…