Tamarit v. Ottolini

The named defendant filed an appeal on April 2, 1957, and, extensions of time having been requested and granted by the court, a request for a finding and a draft finding on September 6, 1957. On January 22, 1958, he withdrew these and filed an assignment of errors. The record was mailed to counsel on June 24, 1958, but the named defendant, hereinafter called the defendant, did not file his brief until September 10, 1958, seventy-eight days after the record had been mailed.

On September 19, 1958, the plaintiffs filed a motion to dismiss the appeal, alleging that the defendant had failed (1) to…