Gilbert v. United States Fidelity & Guaranty Co.

This matter comes up on a notice of motion to dismiss appeal. The record discloses the fact that the transcript herein was filed on July 19, 1928; that the notice to dismiss the appeal and the affidavit supporting the motion were filed on January 16, 1929, and thereafter, on January 24, 1929, the appellant tendered to the court his so-called appellant’s opening brief for filing, which was not filed by the clerk, but was held by him and was presented to this court at the time that the notice of motion to dismiss the appeal was heard. It was referred to in the affidavit o'f James B. Fenton,…