Opinion
No. 3526
Opinion Filed May 12, 1914.
APPEAL AND ERROR — Briefs — Filing — Time. Where plaintiff in error does not file brief within the time allowed by rule 7 of this court (38 Okla. vi, 137 Pac. ix), nor before case is due to be taken on submission, the appeal will be treated as abandoned and dismissed.
(Syllabus by Thacker, C.)
Error from District Court, Tulsa County; L. M. Poe, Judge.
Action by M. A. Breckinridge against the Board of County Commissioners of Tulsa County, Okla., on salary claim. Judgment for plaintiff, and defendant brings error. Appeal dismissed.
Hainer, Martin, Bush Murry, for plaintiff in error.
On January 19, 1912, the case-made was filed in this court; on January 13, 1914, this case was due to be taken on submission; but the plaintiff in error has wholly failed to file briefs as required by rule 7 of this court (38 Okla. vi, 137 Pac. ix), and has thus abandoned the appeal. See Wallingford v. Wood et al., 41 Okla. 572, 139 P. 252; Howard Mer. Co. et al. v. Squires, County Judge, et al., 41 Okla. 580, 139 P. 253; Clinton O. W. Ry. Co. v. Kansas City, M. O. Ry. Co., 39 Okla. 141, 134 P. 422.
We are therefore of the opinion that the case should be treated as abandoned and dismissed. Dismissed.
By the Court: It is so ordered.