Ray's Estate

126 A. 751, 281 Pa. 297, 1924 Pa. LEXIS 610

• Court: Supreme Court of Pennsylvania
• Decided: September 30, 1924
• Docket: Appeal, 196
• Status: Published

Opinion

Per Curiam,

When this case was reached for argument, appellant neither appeared nor filed a brief. Counsel for appellees was present and asked that we adjudge certain questions as to the meaning of a written stipulation, which, they contend, was entered into by counsel on both sides of the case at the suggestion of this court, when, on a former occasion, hearing of the present appeal was continued. Rule 80 of the Supreme Court provides: “When a case is called for argument, if appellant is not ready to pro ceed and has filed no brief, the appeal will be dismissed as of course.” No brief having been filed by appellant, this appeal must be dismissed; there is nothing before the court which would warrant us in construing the stipulation at the present time.

The appeal is accordingly dismissed.