153 A. 296 | Conn. | 1931
It appears of record that on June 11th, 1930, the appellee recovered judgment against the appellant for $10,000 for personal injuries suffered by reason of the latter's alleged negligence in the operation of a motor vehicle. On June 20th, 1930, the appellant moved for an extension of time in which to file a draft-finding for the period of ten days beyond the two weeks allowed by the statute for filing a request for a finding, alleging as cause that the court stenographer *597 had been unable to furnish him with a transcript of the testimony, and on the next day this motion was granted. This brought the matter into the summer months, during which all proceedings to make or complete the record were suspended. General Statutes, 1918, § 5826. No request for a finding was filed, but by a motion filed on August 27th, 1930, the appellant sought an extension of time until September 3d 1930, in which to take an appeal, alleging that any errors he desired to pursue did not require a finding and hence he wished to save the time, effort and money which would be required in making one and certifying the evidence which would be necessary if he took proceedings under the extension which had been granted him. This motion the trial court granted the same day. On September 3d 1930, the appellant filed his appeal and it was allowed. On September 17th, 1930, the appellee filed a motion that an execution be ordered to issue, to which the appellant filed a reply. At first the trial judge denied this motion, but having permitted a reargument he granted it and also revoked the extension of time in which to take the appeal granted by him on August 27th.
In this court the appellee filed a motion to erase the appeal on the ground that the extension of the time in which to take it was granted without notice to him and without authority and that it had been revoked. A motion to erase is not "the proper method to take advantage of the failure of a party to seasonably appeal";Cramer v. Reeb,
In so far as the attempt of the trial court to revoke the extension of time to take the appeal is concerned, it is sufficient to point out that the appeal had been taken before that attempt was made, so that, at that time, the case had been removed to this court and any further proceedings with reference to the matter would of necessity have to be taken here. Union Trust Co. v.Stamford Trust Co.,
The motion to erase is denied and the demurrer to the plea in abatement is sustained.
In this opinion the other judges concurred.