Atkins v. Hunsaker

Potter, Chief Justice.

This case is here on error and has been submitted on motions to dismiss. The petition in error was filed and summons in error issued on December 8, 1922. The record was filed here on January 6, 1923. On February 16, 1923, defendants in error filed separate motions to dismiss, stating as a ground therefor the failure of plaintiffs in error to file and serve their brief within the time required by the rules. That time expired on February 6, 1923, no extension having been granted. It appears also that no application for an extension was filed. On February 19, 1923, the…