GREENE v. HULSE


33 F.2d 121 (1929)

GREENE v. HULSE et al.

Circuit Court of Appeals, Second Circuit.

May 20, 1929.


Attorney(s) appearing for the Case

James D. Harris, of Rochester, N. Y., for the motion.

George A. Carnahan, of Rochester, N. Y., opposed.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


PER CURIAM.

The appellant did not choose to avail himself of the method laid down by equity rule 75. He never filed a præcipe at all, which should state those parts of the "record to be incorporated," and which should be accompanied by proof of service upon the appellee. This is quite different from "the evidence to be included in the record," a statement of which must be filed at or before the filing of the præcipe, of which the appellee should be notified...

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