McCarty v. HEDGES

This is an action for damages for personal injuries in which plaintiff recovered a judgment against both defendants. Each defendant separately has appealed from the judgment. Defendant Hedges has filed his combined abstract and opening brief, and plaintiff now moves to strike that brief on the ground that it contains only immaterial matters in that there is no bill of exceptions before the court, and that the brief does not contain page references to the bill of exceptions as required by Rule 16 of the rules of this court.

The record shows that the judgment was signed September 21, 1956, and…