Opinion
No. 846
Opinion Filed May 9, 1911.
APPEAL AND ERROR — Dismissal — Failure to File and Serve Briefs. Where plaintiff in error fails to comply with the rules of this court, requiring him to serve a brief on counsel for defendant in error and at the same time to file 15 copies of his brief with the clerk of the court, his case, on being reached for submission, will be dismissed.
(Syllabus by the Court.)
Error from District Court, Pushmataha County; Malcolm E. Rosser, Judge.
Action between Charles E. Douglas and the Clayton Townsite Company. From the judgment, Douglas brings error. Dismissed.
Eaton, Beidleman Carter, for plaintiff in error.
W. D. Chopping and W. B. Homer, for defendant in error.
Plaintiff in error failed to file in this proceeding his brief within the time prescribed by the rules of this court. Nor was any brief filed by him up to the time the cause was reached for submission.
Upon the authority of the following cases the cause is dismissed: Davis v. Elliott, 25 Okla. 433, 106 P. 838; Walker et al. v. Hannewincle, 24 Okla. 152, 103 P. 585; Horner et al. v. Goltry Sons, 23 Okla. 905, 101 P. 1111.
All the Justices concur.