Opinion
No. 30768.
October 6, 1942.
(Syllabus.)
APPEAL AND ERROR — Dismissal of frivolous appeal.
Where a motion to dismiss has been filed upon the ground that the appeal is without merit and for the purpose of delay only, and on an examination of the record and brief of the plaintiff in error it is shown that there is no issue presented, the appeal will be dismissed.
Appeal from District Court, Pontotoc County; Tal Crawford, Judge.
Action upon a promissory note by Bob Cason Motor Company against Ernest N. Jones, Jr., and others. Judgment for plaintiff, and defendants appeal. Dismissed.
E.N. Jones, of Ada, for plaintiffs in error.
Ben Hatcher, of Ada, for defendant in error.
This is an action upon a promissory note, and at the conclusion of the trial judgment was entered for the plaintiff. Defendants made no defense to the merits of the action, but objected on the ground that the plaintiff had failed to comply with 68 O. S. 1941 § 1515, relating to the payment of intangible personal property tax. The record negatives the contention that such tax was not paid.
A motion to dismiss has been filed for the reason that the appeal is frivolous and taken for delay only. A response has been filed. From an examination of the motion, the response thereto, brief of plaintiff in error and the transcript, we are of the opinion that the appeal should be dismissed under the rule announced in Humphreys v. Liberty National Bank, 180 Okla. 44, 67 P.2d 790; Smith v. Graham Brown Shoe Co., 179 Okla. 559, 67 P.2d 448; Smith v. Aronoff, 179 Okla. 560, 67 P.2d 447.
The appeal is dismissed.
RILEY, OSBORN, BAYLESS, GIBSON, HURST, and ARNOLD, JJ., concur. DAVISON, J., not participating. WELCH, C. J., and CORN, V. C. J., absent.