Tolbert v. Kern

— This cause is before us on appellee’s verified motion to dismiss this appeal, or in the alternative, that the judgment below be affirmed.

Appellee’s motion alleges that on June 18, 1965, appellant filed her brief with this court, together with an affidavit that copies of the brief had been mailed to the attorneys of record for appellee, by registered mail; and that, in fact, appellant’s brief was not mailed to the attorneys for appellee until June 21, 1965, three days after the time for filing the briefs had expired.

Appellant’s attorney admits, in a duly verified supplemental affidavit filed…