Southwestern Oil & Gas Co. v. Denny

In this cause the appellant has filed no brief. On the day of, but subsequent to, the submission of the case, appel-lee filed his brief and motion, consisting only of a statement of the nature and result of the action, and calling our attention to the failure of the appellant to file briefs, and praying for an affirmance with 10 per cent, damages.

Rules 42 and 43 (142 S. W. xiv), for the government of Courts of Civil Appeals, provide, in effect, that if appellant has failed to prepare his case for submission, the ap-pellee may, before the call of the case (italics ours) file in the appellate…