143 A. 525 | Conn. | 1928
The appellees (defendants) plead in abatement because the appeal was taken more than ten days after the finding of facts was filed. In the stipulation of facts it appears that on June 4th, three days after the ten-day period provided by rule for filing an appeal had expired, counsel for the appellants (plaintiffs) orally requested the judge presiding at the trial for permission to file his appeal and for an extension of time for filing the same. The judge granted the request to file the appeal and said that he would grant the extension to June 5th provided the appellees did not object. Counsel for appellants on June 4th, informed counsel for appellees that the trial judge had granted his request to file his appeal and counsel did not object to the filing of the appeal, but nothing was said by either counsel in relation to an extension of time. Thereafter counsel for the appellants notified the proper clerk of the Superior Court of the statement of the trial judge and the clerk accepted the appeal filed by counsel for the appellants.
The procedure adopted by counsel and by the court was at variance with that expressly outlined in LaCroix v. Donovan,
At the most it was an irregularity which counsel for the appellees could waive. Since he made no objection to the filing of the appeal and took no action whatever until September 28th, nearly three months later, he must, in any event, be held to have waived the irregularity, especially in a proceeding so little favored as a plea in abatement.
The plea in abatement is overruled.