Lincoln Electric Co. v. Sovrensky

This is an action of replevin by a conditional vendor of machinery against a firm that acquired the place *477of business occupied by the conditional vendee. After a directed verdict for the plaintiff returned on April 12, 1939, the defendants, on April 28, 1939, seasonably filed their first bill of exceptions. That bill having been neither allowed nor disallowed, the clerk on August 30, 1939, to use the words of Rule 74 of the Superior Court (1932), notified “the parties interested and . . . [the] justice that unless within thirty days thereafter ... an affidavit is filed with the clerk that the…