Opinion
No. 20728
Opinion Filed February 28, 1933.
(Syllabus.)
Appeal and Error — Dismissal — Failure of Plaintiff in Error to Comply With Rules as to Brief.
Where plaintiff in error fails to comply with the rules of this court as to brief and there appears after a motion to dismiss has been filed no matter of merit, the appeal will be dismissed.
Appeal from District Court, Seminole County; Lucius Babcock, Assigned Judge.
Action by Ina Sarber, natural guardian of certain minors, against Forrest Anderson et al.; B.H. McKellop, legal guardian, filing cross-petition. Judgment for defendant, and plaintiff and cross-petitioner appeal. Dismissed.
Font L. Allen and Disney, Wheeler Alcorn, for plaintiffs in error.
Humphreys Campbell, W.H. Zwick, R.J. Roberts, and A.A. Criswell, for defendants in error.
Plaintiff in error B.H. McKellop appealed from an order of the district court of Seminole county claiming error in a judgment for the defendant, in which McKellop sought to declare illegal certain acts of a former guardian.
On the 4th day of October, 1930, plaintiff in error filed herein his brief, which in many respects fails to comply with rule 26. The orders of the court complained of are not abstracted nor mentioned, except in a general way in the assignments of error, and the specifications of error are not set out.
All the parties interested in the matter have filed their application jointly to dismiss the appeal and have alleged that the questons have become moot.
Under the holdings in the case of Norman v. Norman, 86 Okla. 201, 207 P. 970, and Loomer v. Scott, 43 Okla. 212, 141 P. 1107, the appeal is dismissed.
Note. — See under (1) 2 R. C. L. 176; R. C. L. Perm. Supp. p. 360; R. C. L. Pocket Part, title "Dismissal, etc.," § 26.