Lundy v. Lakin

The appellants applied to this court to be relieved from default in failing to file their opening brief within the time allowed therefor, and to set aside an order dismissing the appeal. Upon notice given on this court’s own initiative under rule 17 of Rules on Appeal, the appeal was dismissed for failure to file the brief. The motion for relief and to reinstate the appeal was opposed by the respondent. The motion was heard upon affidavits filed by the respective parties.

This was a suit to quiet title to 253 acres of mining land in Plumas County. The defendants answered the complaint denying…