Strong v. MacK

Respondent has moved to dismiss this appeal because appellant’s opening brief was not filed within the time specified in. a stipulation. Appellant has moved to be relieved from default because his delay and neglect were excusable. Both motions are submitted for our decision.

The clerk’s and reporter’s transcripts on appeal were filed in the Supreme Court on October 13, 1942. The filing fee was paid. The cause was transferred here and the record filed on December 23, 1942. By stipulation appellants were given until April 1, 1943, to file their opening brief. The brief was not filed and the…