James C. Curtis & Co. v. Emmerling

The record in this appeal was filed in the office of the clerk and an order of submission entered on September 16, 1939. On October 14th, the appellant filed nine printed copies of its brief, and on October 27th, it presented proof showing that on October 25th, it had served a copy of its brief on the appellees. There is a motion to dismiss the appeal for the reason that no proof showing service of a copy of the appellant’s brief was made when its brief was filed or within the time allowed for filing the same.

The rules of this court applicable to the case are those adopted June 21, 1937. Rule…