Sirman v. Conklin

BROWN, J.:

On December 14, 1943, the Court made an order denying defendants’ motion to dismiss plaintiff’s amended bill of complaint, and to strike parts thereof; which order was recorded December 16, 1943.

To this order defendants filed notice of appeal on January 4, 1944, which was recorded January 5, 1944, and an order for supersedeas until the appeal was determined by the Supreme Court was also entered. (Assignments of error and directions to the clerk were not filed until after the ten days provided by Rule 11, nor was the transcript of record filed here within the time provided by Rule…