Reynolds v. Huff

COBBS, J;

In this case defendants in error have filed a motion to dismiss the appeal on the sole ground, the “failure of plaintiffs in error to file brief in the trial court and in this court, and in support of said motion represent that said cause is now set for submission on February 29, 1928, and as yet no brief has been filed by plaintiffs in error,” but does not for that reason ask any affirmance of the judgment,' as he had the right to do. Rule 39. Neither party has filed any brief.

We have discussed similar questions in Nichols v. Heard (Tex. Civ. App.) 282 S. W. 831, and Roddy v.…