THE COURT.
The defendant and respondent moved for a dismissal of the appeal. On May 14, 1959, the clerk of this court gave notice to appellant's counsel requiring the payment of filing fee under rule 10 of the Rules on Appeal. On September 30, 1959, the respondent gave notice of her motion to dismiss the appeal for failure to comply with rule 10, setting date of hearing for October 13. On that day the plaintiff and appellant Bart G. Baron appeared and requested and...
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