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44 Ohio Law. Abs. 474

McCarty v. Marshall

Ohio Court of Appeals

Decided January 19, 1944

Ohio Court of Appeals · decided 1944-01-19

Cited by 1 later decisions — most recently August 2003

1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1944-01-19

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¶1*475OPINION

BY THE COURT:

¶2The above entitled cause is now being determined on appellee’s motion to dismiss appellant’s appeal for failure to prosecute action.

¶3It appears that the appeal was filed on April 17, 1943, by Maude Ayers McCarty. Since that time appellant has not filed assignments of errors or brief. For some seven years, or more, we have been adhering strictly to the rule requiring briefs to be filed within the time prescribed, unless for good' cause shown, extension of time be granted. The within case very clearly falls within the rule and hence the appeal will be dismissed.

¶4Costs in this court will be charged against' the appellant.

¶5Cause will be remanded to the trial court for collection of costs and any further proceedings that may be required under the law.

BARNES, P. J., HORNBECK, J., and GEIGER, J., concur.
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