Matthews v. Calhoun

A motion to strike the statement of facts and dismiss the appeal made by respondents in their answering brief, on the ground that the statement of facts was not served until ninety-five days after the entry of the decree and not filed until ninety-eight days after the entry of the decree, was confessed by appellants in their reply brief and in oral argument.

Therefore, the statement of facts must be stricken.

Appellants contend, however, that there are exhibits and other material reproduced in the brief of respondents constituting admissions so that they may be considered by this court on this…