Clothier v. Clothier

In resisting a motion to strike the assignments of error because not filed in time, counsel for appellant has filed an affidavit stating that he confused the rule of the Supreme Court with the rule of this court providing that assignments must be filed within 25 days after the transcript is filed. We find that the violation of the rule was not wilful and overrule the motion.

This is a divorce action severing the marital relation between the parties for the second time, the wife, defendant-appellant in the present suit, having married one L. D. Johnson three days after the first divorce de*536cree…