#### John A. Asher v. James Mitchell.

Practice — Failure to rilé bribes. — Upon a failure of defendant in error to file briefs in time, the judgment will be reversed proforma.

Error to the Circuit Court of Jersey county; the Hon. Cyrus Ewler, Judge, presiding.

Opinion filed August 13, 1880.

Messrs. Warreh & Pogue, for plaintiff in error.

Per Curiam.

The 28th rule of this court provides that in case of failure by the appellee to file his brief within the time prescribed, the judgment or decree will be reversed, proforma, unless the court on examination of the record “shall deem it proper to decide the case on its merits.”

*128The record in this case is voluminous and after examination, no briefs being filed by appellee, we think it proper to enforce the rule. The decree will be reversed, pro forma, and cause remanded.

Reversed and remanded.