CORBIN v. SHARROCK

Appeal and Error — Briefs — Necessity For — Dismissal.

Where a cause has been regularly assigned for submission and the plaintiff in error fails to file brief or offer any excuse for such failure, it will be presumed that the appeal has been abandoned and the same will be dismissed.

(Syllabus by Estes, C.) Commissioners' Opinion, Division No. 2.

Opinion by ESTES, C.

This cause was filed in this court on September 20, 1920; notice to file brief on or before July 1, 1923 was given plaintiff in error on the 25th day of April, 1923, and on July 31, 1923, this cause was assigned for submission. No brief having been filed by plaintiff in error in obedience to Rule 7 of this court, nor any excuse offered by him for such failure, it will be presumed that the appeal has been abandoned and the same should be dismissed, and it is so ordered.

By the Court: It is so ordered.