Rogers v. Rogers

OPINION

By THE COURT:

Submitted on motion of appellee to dismiss the appeal, first, for the reason that no motion for new trial has been filed in the trial court, and second, for failure of appellant to observe Rule VII of the Rules of Practice of this court that briefs for the appellant in appeals on questions of law shall be filed within 50 days after the filing of the notice of appeal.

The first branch of the motion is untimely because we can not say at this juncture of the proceedings that the appellant would assert in his assignments of error any ground as to which a motion for new trial…