Opinion
No. 27593.
May 25, 1937.
(Syllabus.)
Divorce — Dismissal of Appeal Where Plaintiff in Error Refuses to Comply With Order to Pay Alimony.
Where plaintiff in error is ordered by the court to pay alimony and refuses to comply with the said order, the court may, in its discretion, dismiss the appeal. Philpott v. Philpott, 164 Okla. 266, 23 P.2d 641.
Appeal from District Court, Seminole County; H.H. Edwards, Judge.
Action by Rebecca Key against Patrick Henry Key for divorce. Judgment for plaintiff, and defendant appeals. Dismissed.
Geo. C. Crump and H.W. Carver, for plaintiff in error.
Biggers Biggers, for defendant in error.
The plaintiff below was given a judgment for divorce and by the order of the court the defendant was directed to pay certain alimony in support of the minor child, together with attorney fees, and by a motion duly verified, defendant in error alleges that the order has not been complied with. Under date of April 13, 1937, this court required the plaintiff in error to respond to the motion to dismiss and no response has been filed nor any excuse offered for such failure. Under the rule announced in Philpott v. Philpott, 164 Okla. 266, 23 P.2d 641, the appeal should be dismissed, and it is so ordered.
OSBORN, C. J., BAYLESS, V. C. J., and BUSBY, PHELPS, and HURST, JJ., concur.