
    No. 756
    ZANE DEVELOPMENT SYND. v. KURTZ and DORMEYER
    Ohio Appeals, 2nd District, Franklin County
    No. 1083.
    Decided Sept. 20, 1923
    This opinion has not been published except in Abstract..
    PRACTICE.
    Court Rules — Case will not be dismissed in alE instances, where counsel failed to file brief in accordance with court rule.
    Attorneys-Vorys, Seymour & Pease, for Zane Development Syndicate; Turner, Calland & Summers, for Kurtz and Dormeyer.
   BY THE .COURT.

Epitomized Opinion

This was a hearing on a motion to dismiss a petition in error filed in the Court of Appeals for Franklin County, Ohio. Under Court Rule No. 8, plaintiff-in-error was required to file a brief in the Court of Appeals within a certain length of time. Upon failure of counsel to do this, a motion was filed by tho defendant-in-error to dismiss the case. In overruling the motion, the Court of Appeals held:

1. In view of the importance of this case, the voluminous record and the situation of counsel, the delay of, the brief of counsel for plaintiff-in-error was not so great as to warrant the court in dismissing the ease under Rule No. 8.  