Opinion
No. 1775
Opinion Filed January 10, 1911.
APPEAL AND ERROR — Failure to File Briefs — Dismissal. Syllabus same as in Leavitt v. Commercial Nat. Bank, 26 Okla. 164, 109 P. 71.
Error from Sequoyah County Court; W. N. Littlejohn, Judge.
Action between Julius Spiro Company and C. C. Bibb. From the judgment, the former brings error. Dismissed.
Kyle McCombs, for plaintiffs in error.
Watts Breedlove, for defendant in error.
A transcript of the proceedings of the lower court was filed in this court on June 16, 1910. No brief has been made and served by plaintiffs in error, as required by rule 7. On September 17, 1910, defendant in error moved to dismiss said appeal for failure to comply with said rule. Neither has any response been made to said motion, nor any application for leave to file typewritten briefs.
The motion to dismiss is sustained.
All the Justices concur, except HAYES, J., absent and not participating.