Brotherhood of Railroad Trainmen v. Edmonds

FLT, O. J. This suit was tried between January 3 and January 9, 1928, judgment being rendered on January 11. An appeal was perfected, and the record was filed in this court on April 28, 1928. The record contains 135 pages of typewritten matter, and the statement of facts covers 84 pages of type in addition to a book containing the constitution and general rules of the Brotherhood of Railroad Trainmen, printed matter which would amount to at least 150 pages of typewritten matter, and is attached to the statement of facts as a part thereof. Five months after the record and statement of facts were filed in this court, that is, on September 28, 1928, a typewritten brief, containing 79 pages, was filed in this court, four days before the submission of this ease on October 3, 1928. Of those four days one was Sunday, when usually work is set aside, leaving three days for appellee to prepare and file a brief, in answer to a brief in the preparation of which appellant had consumed five months. So flagrant a violation of the rules rarely occurs in preparing a case for submission, and it is in such disregard of the rules and the rights of appellee that this court is constrained to grant the motion to strike out the briefs and dismiss the appeal, as no fundamental error appears in the record. The briefs are stricken from the files and the cause dismissed.