Opinion
No. 4542
Opinion Filed June 8, 1915.
APPEAL AND ERROR — Brief — Failure to File — Effect. Where plaintiffs in error have 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 Rittenhouse, C.)
Error from Superior Court, Muskogee County; Farrar L. McCain, Judge.
Action by G. W. Davis against Wm. Ragsdale and another. Judgment for plaintiff, and defendants bring error. Affirmed.
Gibson Thurman, for plaintiffs in error.
Brown Stewart, for defendant in error.
The petition in error and the transcript of the record in this case was filed in this court on November 9, 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.