Conway v. Murphy

This is a petition to establish a report respecting a trial in a district court. A finding in favor of the plaintiff was filed on February 25, 1933, and notice thereof was sent. The defendant states in his brief that he received the notice on February 27, 1933. He filed a draft report on March 8, 1933. That report on motion was dismissed by the trial judge. By decision of the Appellate Division the report was dismissed for failure to comply with Rule 27 of the District Courts (1932). So far as here material that rule provides that “written request for a report to the Appellate Division shall…