LeValley v. Rock

In this action of contract there was a finding for the plaintiff. Notice of the finding was given to the parties on January 10, 1961 and on January 16, 1961, (January 15, being a Sunday) the defendant filed a Request for Report. On January 19, 1961 the defendant presented ex parte, a motion to extend the time for filing his draft report, which motion was allowed and the time extended to January 25, 1961. So far the proceedings appear to be in order and in accord with the provision of Rule 28 of the Rules of District Courts.

On January 24, 1961 the defendant filed a motion to further extend the…