Deal v. Western Clay & Gypsum Products Co.

Citations

• 18 N.M. 70
• 133 P. 974

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Where an appellant fails to file briefs within the time limited by subdivision 4 of rule XIII, the order of dismissal or affirmance goes as a matter of course, upon motion of the appellee, and no notice need be given the appellant, .or his attorney.</p> <p>P. 71</p> <p>2. A cause affirmed, upon motion of appellee, for failure oi appellant to file and serve briefs within the time required by rule of court XIII, will not be reinstated upon the docket and. the affirmance vacated, -where the only showing made excusing such default and failure to apply for an extension of time within which to file briefs was, that appellant’s local attorney in this state sent the brief to its general counsel for examination and approval. Appellant should have applied for an extension of time, within the time limit for filing briefs, when it became apparent that it would not be able to comply with the rule.</p> <p>P. 72</p>