Hawkins v. Co-Operative Bldg. Bank

• Decision Date: 06 July 1911
• Citation: 80 A. 183,33 R.I. 39
• Parties: HAWKINS v. CO-OPERATIVE BUILDING BANK.
• Court: Rhode Island Supreme Court

80 A. 183

33 R.I. 39

HAWKINS

v. CO-OPERATIVE BUILDING BANK.

Supreme Court of Rhode Island.

July 6, 1911.

Appeal from Superior Court, Providence and Bristol Counties.

Action by Emma A. Hawkins against the Co-operative Building Bank. Decree for defendant, and complainant appeals. On motion to dismiss. Denied.

James A. Williams, for appellant.

Alfred S. & Arthur P. Johnson, for appellee.

SWEETLAND, J. This is a motion to dismiss the complainant's appeal from the final decree of the superior court on the ground that the transcript of testimony was not filed by complainant in the office of the clerk of the superior court within the time fixed by the trial justice. Pinal decree was entered on the 3d day of December, 1910. On the 31st day of December, 1910, the complainant filed her appeal and reasons therefor, and by said justice was given until January 10, 1911, to file a transcript of the testimony in the case in the office of the clerk of the court. On January 10, 1911, the said justice, under the authority given to him in section 4, c. 278, Gen. Laws 1909, extended the time for filing the transcript of testimony to January 17, 1911. Said transcript was filed by the appellant in the office of the clerk of the superior court on January 20, 1911.

As part of the procedure in appeals in equity causes, section 26, c. 289, Gen. Laws 1909, in part is as follows: "The party taking an appeal shall, within ten days after filing a claim of appeal, or within such extended time as the court may allow, but not later than fifty days after the filing of such claim, or in case the court shall extend the time for filing a transcript of the evidence, as provided in section 4 of chapter 278, then not later than ten days after the expiration of such extended time, file with the clerk a transcript of the testimony taken orally in the cause, if any, or so much thereof as may be agreed by the parties." The statute plainly provides that, in case the court extends the time for filing the transcript as provided in said section 4, c. 278, the appellant may file the transcript at any time within 10 days after the end of this extended period fixed by the court. The appellant in this case filed the transcript on the third day after the expiration of such extended time, and we must hold that it was seasonably filed.

The motion of the appellee is denied and dismissed.