National Guarantee & Finance Co. v. Osborne

BY THE COURT

At the outset we are required to consider a motion of defendants in error to dismiss the petition in error for the reason (1) that plaintiff in error did not file its brief in this cause according to the rules of this court, and (2) for failure to perfect its proceeding in error according to law.

If the plaintiff in error is properly in this court under the statute, then there was no such dereliction in- filing of brief as would require the drastic action of dismissal. Leave was taken to file brief in this court and it was filed within the time fixed.

On the second proposition we…