CARPENTER v. FLEMING

Under St. 1900, c. 372, providing for dismissing an appeal on application to the court in which the appeal was taken and notice to all parties interested, in case the party who has taken such appeal "either at common law or in equity" neglects to enter the question in the Supreme Judicial Court, or to take the necessary steps for a hearing by ordering proper copies to be prepared or otherwise, it was held, upon application to the full court to dismiss an appeal from a decree of a single justice affirming a decree of the Probate Court admitting a codicil to probate, that the application should be made before a single justice.

HOLMES, C.J.

This application should be made before a single justice.

Ordered accordingly.