Borgmeyer

This case comes up on respondent’s motion to dismiss the appeal for appellant’s failure to file brief in time, and appellant’s motion to be relieved from his default on the ground of inadvertence and excusable neglect, and for leave to file his brief tendered therewith.

The time for filing appellant’s brief, as extended pursuant to stipulation, expired October 22, 1918) Pour days thereafter, no brief having been filed, respondent served and filed notice of this motion to dismiss. Appellant’s counter-motion for relief is based on affidavits from which it appears that appellant’s counsel, who was charged with the conduct of this litigation, relied upon a clerk in his office to keep him advised of the time when briefs in the pending cases were required to be filed; that the employee who was charged with this duty, through inadvertence, neglected to so inform him respecting this case; and that he was wholly unaware that the time for filing this brief had expired or was about to expire until the notice of motion to dismiss was served. Other facts are stated from which it sufficiently appears that appellant was proceeding in good faith with the prosecution of this appeal. There are…