
    A. E. EMERICK, Respondent, v. OGDEN CITY, Appellant.
    Appeal. — Dismissal.—Failure to File Beief. — Under rule 10 of the supreme court, where the appellant fails to file his brief in accordance with the rule, the appeal will be dismissed.
    Appeal from the district court of the fourth district, Hon. James A. Miner, judge. The facts were as follows:
    The transcript was filed on the 20th day of November, 1893, and the abstract upon the same day. The court convened'on the 10th day of January, 1894, and no brief had then been filed and on that day the motion to dismiss was made and granted on the succeeding day.
    Rule 10 of the supreme court as amended June 22, 1893, is as follows: The attorney for the appellant shall serve on the- attorney for the respondent, a copy of his points and authorities in the form of a printed brief, at least five days before the commencement of the ensuing term; and within five days therefrom the counsel for the respondent shall serve upon appellant's counsel a like copy of his points and authorities, and before the hearing, the attorney for either of the parties shall file with the clerk of this court eight copies of his brief;, and the appellant in his brief shall plainly and distinctly set forth the particular errors, upon which he relies for a reversal of the judgment of the court below. For failure of the appellant to file his brief of points and authorities as required in this rule, the court may, in its discretion, affirm the judgment appealed from, dismiss the appeal, or may examine the record and render such judgment as it may deem just; and for failure of respondent to file his briefs as required by this rule, he shall not be heard on the merits of the cause.
    
      
      Messrs. Evans and Rogers, for the respondent.
    
      Mr. E. P. Whipple, for the appellant.
   It was ordered that the appeal in this cause be dismissed.  