Olson v. Witherow

Julius J. Olson, Justice.

This was an appeal from an order denying the motion of James M. Witherow for a new trial. To be considered and determined here is the question whether this court should grant his present motion, which is one to be relieved of default “in printing and filing his brief” within the time limited by Rule XI of this court, which provides (200 Minn, xxxi):

“Respondent may apply to the court for judgment of affirmance or dismissal if the appellant shall fail or neglect to serve and file the printed record and his brief as required by these rules. * * * If appellant is in…