Price Bros. v. Walters

*443OPINION

By THE COURT:

Submitted on motion of defendants-appellants, Ella Rabinowitz and Hyman Rabin, to dismiss appeal of defendant-appellant, William H. Phillippi, for failure to file assignments of error and briefs within the time prescribed by Rule VII.

Defendant-appellant, William H. Phillippi, gave notice of appeal upon questions of law on July 22, 1950. On May 22, 1951 assignments of error were filed, and on May 26, 1951, the motion to dismiss was filed. On June 1, 1951' appellant, Phillippi, filed a motion for leave to file briefs.

This Court has consistently ruled that where the appellant…