O'Connell Gold Mines, Ltd. v. Baker

The defendants have moved to set aside an order of this court dismissing their appeal for failure to file the opening brief within the time allowed by rule I, section 4, of Rules for Supreme Court and District Courts of Appeal. The motion is presented on affidavits of the respective parties.

The transcript was duly filed June 23, 1942. The suit involves the title to certain quartz mining claims in Siskiyou County. The defendants aver that it is impracticable and unprofitable to mine the claims during the present war on account of the scarcity of labor, the imposition of priorities and several…