Practice, Civil, Exceptions. Rules of Court. Sending by mail to the adverse party a copy of a bill of exceptions without any signature of counsel and with no accompanying letter or memorandum as to the filing thereof is not a notice to the adverse party of the filing of a bill of exceptions within the meaning of R.L.c. 173, § 106, and Rules 47 and 29 of the Superior Court.
HAMMOND, J.
The exceptions were duly filed, and the only question is whether "notice thereof" was given as required by law.
"Exceptions shall be reduced to writing and filed with the clerk, and notice thereof shall be given to the adverse party . . . within twenty days after the verdict is rendered." R.L.c. 173, § 106. Rule 47 of the Superior Court. The notice "shall be in writing." Rule 29 of the Superior Court.
A sending to the adverse party by mail of a copy of the bill of exceptions, without any signature of counsel, without any accompanying letter and without any "memorandum or statement as to the filing thereof," plainly comes far short of a notice that any bill, much less any properly signed bill, has been filed.
Exceptions overruled.