It appearing from the record in this cause that proceedings in error herein were, commenced in this court April 26, 1909, and that plaintiff in error has failed to file briefs as required by rule 7 of this court, or secure an extension of time so to do, or attempt, on motion of defendant 'in error filed herein September 16, 1910, duly served on the attorneys or record for plain-in error, this cause is dismissed.