Lawing v. Jaynes

BROCK, Chief Judge.

Plaintiffs filed in this Court a motion to dismiss defendants’ appeal because of their failure to comply with Rule 28 of the Rules of Practice in the Court of Appeals. It seems there are substantial violations by defendants of Rule 28; however, we have determined that we will consider the merits of both appeals as best we can from the state of the record. Plaintiffs’ motion to dismiss is denied.

Plaintiffs’ action against Jaynes was instituted 13 April 1966. Plaintiffs’ action against McLean was instituted 27 December 1972.

Plaintiffs offered evidence which tended to show the…