Schiavone-Bonomo Corp. v. Buffalo Barge Towing Corp.

Rule 38(3) of this court requires an appellee, if he “desires other or further relief than that granted by the decree,” to file an assignment of errors within ten days after the notice of appeal has been filed. The Bouchard Company did not file such an assignment of errors and is in default. However, that is only a default in time, against which it is always possible for a court to reliéve when justice demands. Rule 40 of this court also provides that “on sufficient cause shown” it may allow an appellee to “interpose a new defense”: applications for that relief must be made within fifteen…