Harding v. Mutual Benefit Health & Accident Ass'n

Respondent has shown no prejudice because appellant’s brief was not served within the time allowed by rule No. 45 of this court, hence his motion to dismiss therefor is denied (Noble v. Harris, 33 Ida. 188, 190 Pac. 922; Morrison v. Finch, 40 Ida. 791, 237 Pac. 422), nor does it so appear that the appeal was merely for delay as to authorize the imposition of damages under rule No. 41 of this court.

Respondent sued upon a health and accident insurance policy to recover indemnity for a nervous breakdown allegedly-beginning December 2, 1929, and continuing through March 7, 1930, and additional…