
    MONCRIEF v. SOUTHARD.
    (No. 1198.)
    (Court of Civil Appeals of Texas. El Paso.
    March 3, 1921.)
    Appeal and error <&wkey;773(2) — Appeal will be dismissed for failure to file brief as required.
    Where a transcript of an appeal has been on file for about 8 months', and the appellant has failed to file briefs as required by law, a motion to dismiss will be allowed. Rev. St. art. 2115; rule 39, Court of Civil Appeals (142 S. W. xiii).
    Appeal from Jones County Court; J. F. Lindsey, Judge.
    Action between C. E, Moncrief and Dallas Southard. From a judgment therein, the former appeals.
    Appeal dismissed.
    H. S. Lattimore, of Fort Worth, for appellant.
    Davenport & Hardwiclr, of Stamford, for appellee.
   HIGGINS, J.

The transcript in this case has been on file since June 14, 1920. The case was submitted in this court on February 24, 1921. On February 9, 1921, the appellee moved to dismiss the appeal because of the failure of the appellant to file briefs as by law required. The motion is well taken, and the appeal is accordingly dismissed. Article 2115, Revised Statutes; rule 39 of the Court of Civil Appeals (142 S. W. xiii).

Appeal dismissed.  