Hilliard v. Insurance Co. of North America

Citations

• 17 N.M. 664

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. A cause, dismissed upon motion of appellee, for failure of appellant to file and serve briefs, within the time required by rule of court XIII, will not be reinstated upon the docket, where the only showing made, excusing such default and failure to apply for an extension -of time within which to file briefs was, that attorney for appellant had been engaged in the trial of cases almost continuously in the District Court.</p> <p>2. Where a party has failed to file briefs, within the time required, the order of dismissal goes as a matter of eourse, upon motion of the other party, and no notice need be given to the party in default.</p>