Opinion
No. 1235
Opinion Filed November 18, 1911.
APPEAL AND ERROR — Dismissal — Failure to File Brief. Where plaintiff in error files no brief, as required by rule 7 (20 Okla. viii, 95 Pac. vi) of this court, the appeal will be dismissed for want of prosecution.
(Syllabus by Rosser, C.)
Error from District Court, Tillman County; J. T. Johnson, Judge.
Suit by J. A. Burt, Thos. Simmons, J. Angus Gillis, Jno. W. Moore, H. A. Teftweller, J. A. Carr, J. Waits, F. E. Love-joy, and J. W. Yancy, trustees, against the Farmers' Bankers' Warehouse Association, W. A. Carothers, Carothers' Building Association, and W. H. Dial. Judgment and decree for plaintiffs, and defendants bring error. Dismissed.
W. H. Dial and Burford Burford, for plaintiffs in error.
McGuire Mosier, for defendants in error.
The petition in error and transcript of the record was filed in this court November 24, 1909, and no brief has been filed by the plaintiffs in error. The petition in error should therefore be dismissed for want of prosecution. Hass v. McCampbell, 27 Okla. 290, 111 P. 543; Maddin v. McCormick, 27 Okla. 778, 117 P. 200, and cases there cited; McClelland v. Witherall, infra, 119 P. 205; Cox v. Rogers et al., infra, 119 P. 205; Bender v. Bender, infra, 119 P. 205.
By the Court: It is so ordered.
All the Justices concur.