Smith v. Clements

The motion to dismiss the writ of error, on the ground that counsel for the plaintiff in error failed to serve counsel for the defendant in error with a copy of his brief, is denied. Such a failure may subject counsel for the plaintiff in error to punishment for contempt of court, but it is not cause for a dismissal of the writ of error.

Clements brought suit against Smith on a promissory note given for the purchase-price of two mules. It was recited in the note that “if the above property [the two mules] is lost by death, destruction, or otherwise, the loss shall fall on me [Smith], and *514not…