Ray's Estate ( 1924 )


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  • Per Curiam,

    When this case was reached for argument, appellant neither appeared nor filed a brief. Counsel for appellees was present and asked that we adjudge certain questions as to the meaning of a written stipulation, which, they contend, was entered into by counsel on both sides of the case at the suggestion of this court, when, on a former occasion, hearing of the present appeal was continued. Rule 80 of the Supreme Court provides: “When a case is called for argument, if appellant is not ready to pro *298 ceed and has filed no brief, the appeal will be dismissed as of course.” No brief having been filed by appellant, this appeal must be dismissed; there is nothing before the court which would warrant us in construing the stipulation at the present time.

    The appeal is accordingly dismissed.

Document Info

Docket Number: Appeal, 196

Judges: Mosciiziskee, Fbazee, Walling, Simpson, Kephaet, Sadlee, Sciiafeee

Filed Date: 9/30/1924

Precedential Status: Precedential

Modified Date: 11/13/2024