Opinion
June 13, 1949.
Appeal by defendants from an order granting their motion to resettle the proposed case on appeal, and on such resettlement adhering to the original determination — that it shall contain all the proceedings and exhibits with the exception of the testimony of the plaintiff and his wife. Order reversed on the law and the facts, with $10 costs and disbursements, and the case resettled by directing that it be abridged as set forth in appellants' proposed printed record. Appellants are directed to submit the original exhibits on the argument of the appeal and to make available to respondent all the original minutes of the trial and all the exhibits. Respondent, if so advised, may submit to the court any part of such minutes which are not included in the abridged case and any exhibits which respondent deems to be indispensable to the determination of this appeal. Or respondent, if so advised, may print a supplemental record containing such part of the minutes and such exhibits, such supplemental record to be settled before the Trial Justice on three days' notice. In view of appellants' unequivocal limitation as to the points to be raised by them on the appeal, it was an abuse of discretion to refuse to approve the abridged case. Appeal from the original order settling the case dismissed, without costs. That order was superseded by the subsequent order of resettlement. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.