Crites v. Court of Civil Appeals, Second Supreme Judicial District

I respectfully dissent, although I agree that the Court of Civil Appeals had jurisdiction to entertain, and should rule on, the second motion for extension of time to file the statement of facts. This question could and should be presented by application for writ of error, however, after the Court of Civil Appeals dismisses the appeal or affirms on certificate. That remedy would be entirely adequate, and by waiting until the question reaches us in the usual manner we would be in position to consider the merits of the second motion and determine whether relators were prejudiced by the…