S. & S. BUILDERS, INC. v. EAGLE TRUCK TRANSPORT, INC.


130 A.2d 558 (1957)

S. & S. BUILDERS, Inc., a Delaware corporation, Defendant Below, Appellant, v. EAGLE TRUCK TRANSPORT, Inc., a Pennsylvania corporation, Plaintiff Below, Appellee.

Superior Court of Delaware, New Castle.

March 18, 1957.


Attorney(s) appearing for the Case

Louis Goldstein, Wilmington, for plaintiff below.

David Snellenburg, II, Wilmington, for defendant below.


LAYTON, Judge.

Plaintiff's motion to dismiss the appeal must be granted. Superior Court Rule 3(d), Del.C.Ann. requires that applications for the amendment of the transcript of docket entries be made on or before the fifth day after the filing of the praecipe and transcript. Since defendant failed to make any application whatsoever, the filing of the second transcript was a nullity. This forces us back to the first transcript which failed to show that the bond had...

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