
    Roberts v. Fesler et al.
    [No. 10,500.
    Filed October 8, 1920.
    Rehearing denied December 14, 1920.]
    
      Appeal. — Briefs.—Appellee’s Failure to File. — Confession of Error. — Where appellant shows prima fade error, the failure of appellee to file a brief may be treated as a confession of error and the judgment reversed.
    From Hamilton Circuit Court; Ernest E. Cloe, Judge.
    Action between Edwin J. Roberts and Leo K. Fesler and others. From the judgment rendered, the former appeals.
    
      Reversed.
    
    
      Russell R. MeFall, Charles W. Smith, Charles Remster, Henry H. Hornbrook, Albert P. Smith, Paul Y. Davis, Cassius M. Gentry and Frank S. Campbell, for appellant.
    
      Henry Seyfried, Joseph W. Hutchinson and Emsley W. Johnson, for appellee.
   McMahan, C. J.

Appellant having shown prima facie error, the failure of appellee to file a brief, will, under the authority of Burroughs v. Burroughs (1913), 180 Ind. 380, 103 N. E. 1, be treated as a confession of error.

Judgment is therefore reversed without prejudice, with direction to grant appellant a new trial.  