Opinion
No. 1992
Decided November 18, 1948.
Appeal — Brief to be filed with transcript — Statutory requirement mandatory — Dismissal for failure to comply — Section 13459-3, General Code.
The provisions of Section 13459-3, General Code, requiring appellant to file a brief with the transcript are mandatory, and a motion to dismiss the appeal for failure to comply therewith will be sustained.
APPEAL: Court of Appeals for Montgomery county.
ON MOTION to dismiss.
Mr. Irvin Carl Delscamp, for appellee.
Mr. Walter L. Connors, for appellant.
The cause is submitted on motion of appellee to dismiss the appeal for failure to comply with the provisions of Section 13459-3, General Code, in that appellant failed to file his brief with the transcript.
The provisions of Section 13459-3, General Code, are mandatory and a motion to dismiss the appeal will be sustained for failure to comply therewith. State v. Trimmer, 80 Ohio App. 545, 547, 76 N.E.2d 896; State v. Jarcho, 65 Ohio App. 417, 30 N.E.2d 444; State v. Parnell, 56 Ohio App. 77, 10 N.E.2d 18; State v. Bell, 52 Ohio App. 11, 2 N.E.2d 786; State v. Davis, 47 Ohio Law Abs., 415; State v. Barber, 44 Ohio Law Abs., 381, 65 N.E.2d 669; City of Columbus v. Balzan, 38 Ohio Law Abs., 141, 49 N.E.2d 592; State v. Smith, 33 Ohio Law Abs., 612, 35 N.E.2d 968.
Motion to dismiss the appeal is sustained.
Motion sustained.
WISEMAN, P.J., MILLER and HORNBECK, JJ., concur.