Stripling v. Spivey

COMBS, Justice.

At the outset, we are confronted with a motion by appellee to strike out appellant’s brief on the ground that appellant failed to file his brief within the time prescribed by law (see Vernon’s Ann. Civ. St. art. 1848), and in sufficient time to permit attorney for appellee to prepare and file a reply brief on or before the day set for submission. We are of the opinion that the motioñ to strike the brief should be sustained.

The record was filed in this court July 11, 1932: On July 27, 1932, this court made an order setting this cause for submission on December 15, 1932. The…