Achterberg v. Burton-Lingo Co.

On Rehearing.

Upon the original consideration of this case, the appeal was dismissed because the record contained neither assignments of error nor briefs. At that time no further investigation of the record was made, but in motion for rehearing appellant, Mrs. Achterberg, calls to the attention of the court what we regard as fundamental error in the judgment against her. For this error she asks that the order of dismissal be set aside and the judgment reversed.

Where a case has not been briefed, this court, under rule 38, may dismiss the appeal, as was originally here done. But 'the court, in…