Torno v. Hochstetler

In this suit appellee filed a motion to dismiss the appeal upon the ground that appellant filed no brief in the district clerk’s office, and did not file his brief here until about eight days prior to the submission of this case, at which time of filing same a copy thereof was furnished to ap-pellee, which was not in time for him to file a reply brief. We will not say whether or not that was in time to brief this case, because the action of the. court in sustaining a general demurrer compels us to consider the case as raising a fundamental error. The motion is denied.

The appellee filed no…