17 Ind. App. 647 | Ind. Ct. App. | 1897
This cause was dismissed under rule XIX of this court, which is as follows:
“Where a cause is submitted on call, by agreement, or upon notice the appellant shall have sixty days in which to file a brief, and if a brief is not filed within the time limited, the clerk shall enter an order dismissing the appeal, unless the appellee shall have filed with the clerk a written request that the cause be passed upon by the court. If cross-errors are assigned, the party assigning them shall have the same length of time to file a brief thereon, and if a brief is not filed within the time the cross-errors shall be struck out.”
Appellant now seeks, by motion, to reinstate the appeal. The affidavit of one of the attorneys of record for appellant, filed with the motion to reinstate, sets up, in substance, the following facts: That affiant, David W. Wood, is one of the attorneys for the appellant in the above entitled cause; that this cause
The rule quoted is one that allows a reasonable time for the attorneys to prepare and file their briefs, and at the same time it insures to a litigant a speedy consideration of his case. If counsel for appellant, knowing the time within which they were re
The motion to reinstate is overruled.