Pepper v. Dixie Splint Coal Co.

A motion was made to hear this appeal ex parte upon the brief of the appellee because the appellant failed to state in the petition for the appeal that she desired to adopt the petition as her opening brief. Some sixty days before the appeal was heard by this court counsel for the appellant notified counsel for appellee in writing that the petition would be adopted as the opening brief. No injury, prejudice or surprise to the appellee has resulted from the failure to state in the petition that it would be adopted as the opening brief. We therefore overrule the motion.

Motion was made to…