Opinion
No. 22262
Opinion Filed February 21, 1933. Withdrawn, Corrected, Refiled, and Rehearing Denied May 16, 1933.
(Syllabus.)
Appeal and Error — Dismissal Where Brief Wholly Fails to Comply With Rules.
Where plaintiff in error has filed brief which fails in whole to comply with the rules of this court as to abstracting the pleadings and the testimony and assign specifications of error, and it appears from an examination of the cause that the judgment of the lower court was properly entered, the appeal will be dismissed.
Appeal from District Court, Creek County; Thomas S. Harris, Judge.
Action upon supersedeas bond by the Kansas City Wholesale Grocery against H.J. Hamra and others. From the judgment for plaintiff, defendant appeals. Dismissed.
Sam T. Allen, for plaintiffs in error.
Yancey, Spillers Fist, for defendant in error.
This is an appeal from a judgment of the district court of Creek county, Okla., granting a judgment upon supersedeas bond filed in that court in the process of an appeal. Motion to dismiss was filed October 28, 1931, and no response has been filed thereto.
The brief of the plaintiff in error, which has been filed in this court since the 7th day of August, 1931, is so manifestly without the rules of this court, as liberal as it is in these matters of briefing, the appeal must be dismissed. In addition to this, from an examination of the authorities cited and the arguments in the brief, it is apparent on the face of the proceedings that the appeal is taken as a method of delay only. The appeal is therefore dismissed.