Niosi v. Leveroni

This suit in equity was heard in the Superior Court, the evidence being taken stenographically. The trial judge made a finding and order for final decree, and in accordance therewith on April 23, 1930, a final decree was entered dismissing the bill. On the same day the plaintiffs appealed from the final decree. On June 9, 1930, the defendants filed a motion to dismiss that appeal on the ground that it had not been entered in this court. Respecting that motion counsel for the plaintiffs filed an affidavit stating, in substance, that on April 7, 1930, he had ordered a transcript of the evidence…