Opinion
No. 44733.
February 14, 1939. Rehearing Denied June 23, 1939.
CERTIORARI: Abandonment in supreme court — failure to file abstract or argument. Petitioners for writ of certiorari are presumed to have abandoned their cause, when no abstract or argument is filed either on their behalf or on behalf of respondents.
Certiorari to Poweshiek District Court. — FRANK BECHLY, Judge.
Certiorari to review action of the trial court in overruling motion for change of venue. — Writ annulled.
John Connolly, Jr., and C.I. McNutt, for petitioners, appellants.
Luther M. Carr, County Attorney, E.O. Korf and Clyde McFarlin, Spec. Asst. County Attorneys, for respondents, appellees.
On December 8, 1938, it was ordered that a writ of certiorari issue herein. That order provided, among other things:
"Cause to be submitted on printed abstracts and briefs as nearly as may be according to the rules for the submission of civil cases, at the January term, 1939 of this court, with cases from Sixth Judicial District."
The case is now submitted without an abstract, and without argument on behalf of either petitioners or respondents. On this state of the record, petitioners are presumed to have abandoned their cause. Walsh v. Pocahontas State Bank, Iowa, 263 N.W. 834; Aetna State Bank v. Fremmer, 213 Iowa 339, 239 N.W. 234; Franquemont v. Munn, 208 Iowa 528, 224 N.W. 39. Other cases might be cited, but these are sufficient.
It follows that there is nothing before us to review, and the writ issued herein should be annulled. — Writ annulled.
MITCHELL, C.J., and OLIVER, HAMILTON, HALE, and BLISS, JJ., concur.