Rochester Capital Leasing Corp. v. Christian

Hall, Judge.

The defendant filed a motion to dismiss the writ of error on the ground that more than thirty days had elapsed between the date of the judgment complained of and the date on which the bill of exceptions was tendered to the trial court.

On January 9, 1964, the trial court entered an order stating “After hearing argument of counsel, the within demurrer is sustained. The plaintiff is granted through February 10, 1964, to amend to meet said demurrer, in default whereof the petition shall stand dismissed.” No amendment was made to the petition within the period of time allowed by the…