Per Curiam.
This cause is before this court on a motion of appellees to dismiss the appeal for failure of prosecution for the reason that appellant's brief and assignments of error were not filed within the time limited by Rule VII of the Rules of Practice of this court.
Upon hearing it appeared without dispute that a bill of exceptions was filed in this court on April 28, 1961; that the appellant at no time has sought leave of this court, for any reason...
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