Hogue v. McClintock

Newcomb, C.

This appeal was filed in the names of Samuel Hogue, Thomas Hogue and George Bone, as appellants, against whom the appellee recovered a joint judgment in the court below. At the date of the filing of the record, Samuel Hogue filed, in writing, his refusal to join in the appeal, and moved that his name be stricken from the record as an appellant, which is done. The cause was submitted November 26th, 1879, but the brief of the appellants was not filed until January 26th, 1880, sixty-one days after the submission. The appellee has moved to dismiss the appeal, because the brief was not…