Waterall v. Waterall

SIMPSON, Justice.

This is an appeal from an interlocutory decree overruling demurrer to a bill in equity.

The appellee has filed a motion to dismiss the appeal because the brief of appellant was not filed within the time prescribed by Supreme Court Rule 12, Code 1940, Tit. 7 Appendix. The motion is well taken.

Supreme Court Rule 12 provides: “Counsel for appellant shall file his brief with the clerk of this court within thirty days after the transcript of the record has been filed in this court. Upon failure to so file, the appeal shall be dismissed or the case affirmed, as the case may be”.

Prior…