Publisher's Synopsis
Excerpt from United States Circuit Courts of Appeals Reports, Vol. 128: With Annotations
Per curiam. Motions recently decided and others now pend ing involving these rules justify a formal statement of our conclusions.
Rule 75 fixes no time within which the statement of evidence must be settled and filed in order to become a part of the record for the purposes of the appeal. Undoubtedly, the better practice is to com plete this step before claiming, or, at least, before perfecting the ap peal, and if the term expires before the final statement of evidence is filed, to enter an order carrying this matter into the next term; but where appeals are required within thirty days, or even within ten days, the time may be wholly insufficient to perfect the record in this respect, and the expiration of the term may very commonly be for gotten, particularly as it has never been a matter of importance in equity appeals. It is said that the completing of this statement of evidence corresponds to the settling of a bill of exceptions at law, and the familiar rule is invoked that a purported bill of exceptions which was not settled within the trial term or pursuant to a reserva tion during the trial term is a nullity and will be stricken from the record. We are not satisfied that the analogy is close enough to justify the incorporation of this harsh rule into the practice pursuant to rule 75, which must have been adopted with due consideration of the existing practice by which appeals were claimed and perfected regardless of the expiration of terms; and we conclude that the trial court has power to approve and direct the filing of the statement of evidence, although the term has expired when the decree was ren dered, and although no order was entered carrying the subject-matter over until the next term.
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