
    JAMES A. MARRE, Respondent, v. JAMES E. GRIDLET, Executor of JULIA GOLDING, Appellant.
    St. Louis Court of Appeals,
    November 14, 1899.
    Appeal: practice: dismissal op appeal. Section 2301 R. S. 1889, requires appellant to “make out and furnish the court with a clear and concise statement of the ease.” Rule 15 of this court requires that the statement shall be filed at least one day before the case is called for trial, and rule 19 provides that for failure to comply with rule 15, the appeal shall be dismissed, or cause reset on terms. Eor failure on part of appellant to comply with the statute and rule, the appeal should be, and is dismissed.
    Appeal from Circuit Court City of St. Louis. — Hon. ” James E. Wiihrow, Judge.
    Dismissed.
    
      John B. Dempsey for appellant.
    
      Kinealy & Kinealy for respondent.
    Rule 15 of this court requires the appellant to file “a clear and concise statement of the pleadings and facts shown by the record.” In this case the appellant has filed an alleged statement which does not even so much as mention the pleadings or judgment appealed from,_ does not purport to give any of the evidence or instructions in .the case, or any reference to the record. "We do not deem ourselves called upon to make a statement for the appellant.
   BLAND, J.

Section 2301, Revised Statues 1889 requires the appellant to “make out and furnish the court with a clear and concise statement of the case.” * * * Rule 15 of this court requires that this statement shall be filed at least one day before the cause is called for trial, and Rule 19 provides that for failure to comply with Rule 15, the appeal shall be dismissed or the cause reset on terms. The appellant has failed to comply with the statute and Rule 15. His attention has been called to this neglect by the statement and brief, of respondent; without any effort to repair his negligence he has submitted the case. The statute and rule are not meaningless and must be observed and complied with in this court, if appellants wish the opinion of the court on the merits of their cases.

Eor failure to comply with the statute and rule the appeal is dismissed.

Judge Bond concurs; Judge Biggs dissents.

DISSENTING OPINION BY

JUDGE BIGGS.

I am of the opinion that the original and reply briefs of the appellant contain a sufficient statement of the record to require us to dispose of the case on its merits, this court has not heretofore strictly enforced the letter of the statute.  