17 N.M. 664 | N.M. | 1913
OPINION OP THE COURT.
This is an application to reinstate this cause upon the docket and to grant to appellant further time -within which to file briefs. The cause was dismissed, upon motion of appellee, without notice to appellant, because of the failure of appellant to file and serve briefs, within the time required bjr rule XIII of this court. Subdivision 4 of this rule requires the appellant to file with the clerk of this court, ten printed copies of his brief, where the same is required to be printed, and to serve upon the adverse party, his attorney or counsel, two copies thereof, within thirty days after the original transcript of record is filed in the office of the clerk of this court. Subdivision 8 of this rule provides that, “When the appellant or plaintiff in error lias failed to file and serve his brief as required by these rules, the appellee or defendant in error may have the cause dismissed, or may submit it.”
Appellant’s counsel asks that the cause be reinstated upon two grounds; first, that he had been so engrossed with other work in the district courts that he did not have time to complete, print and file briefs, and that he had no reason to believe that advantage would be taken of his default, and, second, that he was given no notice of the application by appellee to dismiss the cause.
The motion.; therefore; will be denied; and it is so ordered.