
    Caroline Kirt v. Mary Kropp.
    Brief-Service of by appellant.
    Motion to strike ease from docket for failure of appellant to seasonably serve copy of brief. Granted.
    
      Alexander McKircJier, for motion.
    
      M. B. Pulcipher, contra, contended:
    1. That under the rule the appellant’s brief should be served at least one full day before the case is placed on the calendar for hearing; that in this case a copy of said brief was served upon the attorney for the appellee on April 11, 1896, which was a sufficient service; citing Powers Practice, 276.
   The facts as shown by the record and affidavits filed in support of the motion were as follows:

« — That the writ of error was issued September 80, 1895, returnable October 25,1895, and was returned December 31, 1895, on which day copies of the printed record were filed.

6 — That the case was noticed for hearing for the April term, 1896; that copies of appellant’s brief were filed April 11, 1896, on which day a copy of said brief was served upon the attorney for the appellee.  