
    No. 2713.
    Dial v. Dial.
    November Term, 1890
    December 11, 1890.
    
      F. P. McGowan,, for the motion.
    
      N. B. Dial, contra.
   PER CURIAM

After hearing argument pro and con, the motion was granted by a formal order

On the call of this case for a hearing, respondent’s attorney called the attention of the court to the fact that appellant’s points and authorities had not been filed three days before the hearing, as required by rule VIII., but ,had been filed only this morning. He therefore moved for a dismissal of the appeal under rule XI.  