Guido v. Gielda

After a trial, in this action of tort, there was a finding for the defendant, notice of which was received by counsel for the plaintiffs on May 24, 1963. Claiming to be aggrieved, a request for a report was duly filed by the plaintiffs. The draft report was *24not filed, however, until June 4, 1963, the eleventh day after receipt of notice of the finding. Defendant’s motion to dismiss the draft report based on the late filing was allowed. To the allowance of this motion the plaintiffs claimed the present report. There was no error.

Rule 28 of the Rules of the District Courts requires the filing…