Page:Federal Reporter, 1st Series, Volume 8.djvu/196

182 FBOBBAIi BBPOBXBB. �fied if it had told ub more definitely what was done and in what par- ticular directions this large aotivity eXpanded itself . �However, as most of the important facta are alleged to be within the Personal knowledge of the defendant, and the charge is that she bas carefully concealed them from the complainant, I think the latter is entitled to a discovery. The demurrer is therefore overruled, and the defendant is allowed 40 days in which to put in her answer. ���PiiATT, Assignee, v. Pbeston and another. �' (Circuit Court, S. D. New York. June 20, 1881.) �1. PiiACTxcE— Appeal— Rev. 8t. § 4982. �Under section 4982 of the Revised Statutes, the flling of a petition of appeal is an entry of the appeal. ' '■ �2. Same— Ftling of Teak8ceipt — Rbv. St. } 4981. �Under section 4981 of the Revised Statutes, an appeal was claimed by the plaintifl from a decree of the diatrict court, and due notice given to the clerk and the defehdant's solicitor. Oh the aame day as that on which siioh no- tice was given, a citation was signed by the district judgo and served. Held, , that the transpript of the record from such district court was flled in tinie, if filed at any tirne during the term at which the citation was made returiiable. �B. F. Tracy, for the motion. �A. Blumenstiel, o^T^osea. • Blaichpord, C. J. The decree below was entered October 7, 1880. Under section 4981 an appeal was claimed by the plaintifi, and due notice given to the clerk and the defendants' solicitor, October 15th, On the same day, a citation, returnable on the first Monday of April, 1881, waa signed by the district judge and served on the defeudant's solicitor; a bond on appeal being also filed and approved, and the appeal allowed. On the twenty-fifth of October a petition of appeal was filed by the plaintiff in this court in due form, and a copy thereof was, on the same day, served on the defendants' solicitor. No trahscript of the record from the district court having been filed in this court by May 24th, the defendants move to dismiss the appeal. The transcript was prepared in the district court clerk's office by the eighteenth of March, but the fees therefor were not paid. As an excuse, the counsel for the defendants deposes that he was not in- tentionally guilty of laches, but delayed filing the transcript beeause hei belieVed the case could not be heard bef ore next October; He states that he is now ready to file the transcript, and prays to be allowed to do ao. ��� �