Bowers v. . Tallmadge

The motion must be granted. The practice is well settled that where an imperfect Case has been served and the respondent desires that it should be amended, he must apply to the court by motion upon notice. He is at liberty to dismiss the appeal by exparte order, under Rule 7, only where there is a total failure to serve any Case within the time required. *Page 168

[EDITORS' NOTE: THIS PAGE IS BLANK.] *Page 169