J. H. Rottman Distilling Co. v. Drew & Gallagher
J. H. Rottman Distilling Co. v. Drew & Gallagher
Opinion of the Court
On account of the appellants’ failure to prosecute his appeal as required by section 2253 of the statute and rule 15 of this court, the appeal herein must be dismissed.
But appellants failed to file any abstract at that time, and presented a stipulation signed by attorneys on both sides to the effect that time for filing abstract and brief be extended to the first day of the December call, 1897, and that such abstract with brief be served on respondent’s counsel by November 10, 1897; and the cause was then continued for hearing to the present March term, 1898. Appellants were again delinquent; filed no abstract or brief on or before the December call, and failed as well to serve respondent’s counsel with a copy thereof. On February 14,1898, appellants’ counsel did at last file a so-called abstract, and we presume about that time served respondent’s counsel with a copy thereof.
No reasonable excuse is shown for all this delay. Respondent has now filed a motion to dismiss the appeal because of appellants’ failure to file the abstract and brief within time, and besides complains that the so-called abstract is wholly insufficient. Respondent is right on both propositions; the abstract is out of time and the delay without valid excuse; and besides the document filed by appellants is so far short of the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.