RICHARD McINTOSH and LEVI WILLIAMS, Appellants, v. OLDMAN COLE et al., Appellees.

JUDGMENT WITHOUT OPINION. Decided April 28, 1970. 0. Natty B. Davis for movers. No appearance for respondents. MR. JUSTICE the Court. WARDSWORTH delivered the opinion of Appellee brought a motion to dismiss the appeal for failure to file an approved appeal bond within the required time. The motion was assigned, duly bulletined, and was called for hearing. At the call of the motion for hearing, appellants failed to appear and counsellor 0. Natty B. Davis, having appeared for appellee moved this court to apply Rule IV, Part 6, of the Revised Rules : “When a case which has been bulletined is reached for argument and neither party appears, it may be dismissed at the cost of the appellant. If the appellant fails to appear when the case is called for hearing, the Court may, on motion of appellee or on its own motion, dismiss the appeal. In all such cases of dismissal for default of counsel to appear and represent, such defaulting counsel shall, in the absence of written excuse showing cause for their inability to appear, be penalized in a sum of not less than $5.00 or more than $25.00 for each such default. Appellee’s failure to appear after assignment will be sufficient cause for the court to proceed to hear the argument of the appellant and rule thereon. If excuses are tenable the cause might be continued or hearing thereof postponed.” Counsel for appellants having failed to appear and de138