Public-domain · open source
OpenJurist

9 Ind. App. 48

Alexander v. Alexander

Indiana Court of Appeals

Decided January 24, 1894

Indiana Court of Appeals · decided 1894-01-24

<p>Appellate Coubt Practice. — Dismissal for Failure to File Brief. — Motion to Beinstate.- — Where an appeal has been dismissed for failure of appellant to ñle a brief, and no good cause for the delay is shown, the case will not be reinstated, especially where the transcript may be withdrawn and reflled within the time allowed for appeal.</p>

Decided 1894-01-24

Per Curiam.

¶1The transcript in this cause was filed in this court July 18, 1893. It was submitted August 19. On December 28, 1893, it was dismissed by the clerk, under rule 19, for the want of a brief by appellant, *49who now asks to have the cause reinstated. No good excuse is shown for the delay, and we must, therefore, decline to set aside the rule.

Filed Jan. 24, 1894.

¶2The year has not expired, and the transcript may be refiled without serious prejudice to appellant.

¶3It is desirable that causes should be prepared and briefed within the time fixed by the rules, so far as this may be practicable.

¶4The motion to reinstate is overruled, with leave to withdraw the transcript and brief.

/9/indapp/48 · .json · Public domain