Rosenthal v. Smith

OPINION

BY THE COURT:

Submitted on motion of appellees to dismiss the appeal because of failure to observe Rule VII of this Court, in that the appellant has filed no assignments of error, briefs and bill of exceptions in this Court within 50 days after the notice of appeal.

Appellant files a memo in which it is conceded that, basically the motion is well taken, but. it is urged that it should not be sustained because the appellant, since the perfecting of his appeal has-' been inducted into the armed forces of the United States Government, and that counsel have been unable to contact him by…