Watsek v. Whetstone

*443OPINION

BY THE COURT:

This matter is now before this Court on two separate motions, one by the plaintiff-appellee and one by defendant-appellant.

The first motion filed was that of the plaintiff-appellee, filed March 25, 1941, and is as follows:

“Now comes the plaintiff-appellee and moves the court to dismiss the appeal herein for want of prosecution.”

In support of the motion the provisions of Rule VII are. cited to the effect that counsel for appellant, within fifty days after the filing of the notice of intention to appeal, shall file with the Clerk his assignment of errors and briefs and bill…