Friend v. Russell

Stewart, P. J.,

This is a rule to allow an appeal to be filed nunc pro tunc. An answer was filed and depositions were taken. From them it appears that a summons in assumpsit issued. Hearing was had on Sept. 17, 1929. Both parties appeared. Judgment was rendered the same day in favor of the plaintiff and against the defendants. Defendants immediately gave notice that they would appeal, and the justice immediately prepared the transcript, put it in his basket, and it was ready for the defendants at any time thereafter. The justice testified: “I told him at the time of the hearing that I couldn’t…