Deal v. Western Clay & Gypsum Products Co.

OPINION OF THE COURT.

ROBERTS, C. J. —

The transcript in this case was filed in the clerk’s office March 1, 1913. On April 14, thereafter, appellee filed a motion to affirm the judgment of the trial court, because of appellant’s failure to file briefs within thirty days after filing the transcript, as required by subdivision 4 of Eule XIII of this court. It appearing from the record of the case in this court that appellant had not filed his brief’within the time limited, and had failed to apply for or receive an extension of time-for such purpose. The court sustained appellee’s motion and…