Procaccino v. Wood Wood, Inc.

The plaintiff has moved to dismiss an appeal of the defendants on the ground that it was not taken within the time allowed. The defendants demurred to the motion in that it did not allege that the time for filing the appeal had not been extended by the judge who presided at the trial.

The entries in the docket of the trial court show the following facts: On July 27, 1962, the court rendered judgment for the plaintiff, and the judgment file was prepared and mailed out; on August 13, 1962, the defendants' appeal was filed; and on August 20, 1962, the plaintiff filed his motion to dismiss the…