#### Wenz v. Tirrill.

1. Hule SO—Briefs and Abstracts.—If the defendant in error or appellee shall fail to file his brief in compliance with the rules, the judgment or decree will be reversed pro forma, unless the court, on examination of the record, shall deem it proper to decide the case on its merits. 5 Brad. 13.

2. Practice—Failure to File Brief.—A failure on the part of appellee to file a brief under the rules of court is cause for reversal.

Memorandum.—Appeal from the County Court of Coles County, the Hon. Lapsley C. Henley, County Judge, presiding.

Heard in this court at the May term, A. D. 1891, and reversed for a non-compliance with rule 30.

Opinion filed October 24, 1892.

A. 0. Fioklin, attorney for appellant.

Opinion

by the Court.

FTo brief being filed for appellee, and the abstract failing to show that the judgment was clearly right, it is reversed and the cause remanded under Eule 30 of this court.