Opinion
No. 4395
Opinion Filed April 27, 1915.
APPEAL AND ERROR — Failure to File Brief — Affirmance. When plaintiff in error has filed no brief, as required by rule 7 of this court (38 Okla. vi. 137 Pac. ix), the judgment of the trial court will be affirmed.
(Syllabus by Dudley, C.)
Error from Superior Court, Tulsa County, M.A. Breckenridge, Judge.
Action by William Epler against W.R. Bolton and others. Judgment for defendants, and plaintiff brings error. Affirmed.
Dillard Blake, for plaintiff in error.
Biddison Campbell, for defendants in error.
The petition in error and the transcript of the record in this case was filed in this court on September 26, 1912. Neither party has filed a brief, nor have they offered any excuse for the failure to do so. It is evident that the proceedings have been abandoned. The judgment of the trial court should therefore be affirmed, under rule 7 of this court (38 Okla. vi, 137 Pac. ix). Nicholson v. Barnes, 42 Okla. 250, 140 P. 1155.
By the Court: It is so ordered.