Tsutomu Dyo v. Smith

Defendant in error brought this action against plaintiff in error Tsutomu Dyo on a promissory note in the principal sum of $1,000. The defendant pleaded payment in part; judgment for $667:18 appealed.

No brief has been filed by plaintiff in error. Rule 38 for the Courts of Civil Appeals (230 S. W. viii):

“A failure on the part of counsel for the appellant or plaintiff in error to file assignments of error and briefs in the trial court and in the Court of Civil Appeals, within the time and in the manner prescribed by law and by the rules, shall be ground for dismissing the appeal or writ of…