Keeley v. Mutual Life Ins. Co. of New York

TREANOR, Circuit Judge.

This is an appeal by the defendant from an adverse judgment in a suit by the plaintiff based upon a policy of insurance.

Plaintiff-appellee has directed our attention to the defendant’s failure to file with the Clerk of the District Court a statement of the points of error to be relied upon in this court. Appellee asks for a dismissal of the appeal in reliance upon Rule 9 of this court which provides that “No appeal shall be considered unless such statement of points shall have been * * * filed.” The present rules of this court became effective November 10, 1939, and by…