Hyung Shin Han v. Halm

This is a motion to dismiss appeal for lack of prosecution on the part of appellant in not filing an opening brief Avithin fifteen days after the case had been placed on the calendar or Avithin any extension of time as prescribed by rule 3 of Rules of the Supreme Court.

The facts are not in dispute. The case was placed on the calendar September 30, 1949, and under the rule appellant had fifteen days in Avhieh to file an opening brief. But he did not file any brief within that period and has never filed one, even though allowed two hundred and thirty days for that purpose on stipulations of…