Wind Innersole & Counter Co. v. Geilich

This action of contract was brought in a District Court. There was a finding for the plaintiff. The defendants, on January 19, 1944, filed a request for a report and, on January 24, 1944, filed a draft report. No copy of the draft report was delivered or mailed to the trial judge before February 3, 1944. The plaintiff filed a motion to dismiss the request for a report and the draft report “for non-compliance with the provisions of Rule 28 of the District Courts (1940) that 'A copy of such draft report shall be delivered or mailed postpaid by the party requesting the report to the trial…