Tyner v. Axt

This is a motion to dismiss an appeal. The motion is based on the ground that the appellant did not file his brief within the time permitted by the rules of the court. The transcript was filed on October 6, 1930. The time for appellant to file his opening brief expired, therefore, on November 5, 1930. Notice of the presentation of this motion was served and filed December 10, 1930. The motion was noticed for presentation on January 13, 1931, and was presented on that date. On December 12, 1930, appellant’s brief was filed. Appellant’s attorney has presented and filed an affidavit from which…