Opinion
No. 18264
Opinion Filed October 9, 1928.
(Syllabus.)
Appeal and Error — Failure of Defendant in Error, Plaintiff Below, to File Brief — Reversal With Direction to Dismiss.
Where defendant in error, plaintiff below, defaults in failure to file brief on appealed cause, in order to end litigation the cause may be reversed, with directions to dismiss the petition below.
Error from District Court, Stephens County; M. W. Pugh, Judge.
Action by the State ex rel. O. B. Mothersead, State Bank Commissioner, against F. E. Watkins et al. Judgment for plaintiff, and defendants bring error. Reversed, with directions.
W. Y. Dilley, for plaintiffs in error.
W. C. Lewis, for defendant in error.
The plaintiffs in error have filed their brief, but defendant in error is in default. The defendant in error's time to brief was extended 30 days from and after April 3, 1928, which time has long since expired.
The cause is reversed, with directions to dismiss plaintiffs', defendant in error's, petition.
MASON, V. C. J., and HARRISON, PHELPS, HUNT, and CLARK, JJ., concur.