Opinion
No. 5370
Opinion Filed September 21, 1915.
APPEAL AND ERROR — Failure to File Brief — Dismissal. Where plaintiff in error fails to file a brief, as required by rule 7 (38 Okla. vi, 137 Pac. ix), and no excuse is offered therefor, and no error is apparent on the record or case-made, the appeal will be dismissed.
(Sylabus by Devereux, C.)
Error from District Court, Pontotoc County; Thomas D. McKeown, Judge.
Action by First National Bank of Roff, Okla., a corporation, and others against Joe L. Thomas. From the judgment, Thomas brings error. Dismissed.
Wimbish Duncan, for plaintiff in error.
Bullock Kerr, for defendants in error.
This case was docketed in this court on July 23, 1913, and was submitted on September 13, 1915. No briefs have been filed by the plaintiff in error, no additional time asked within which to file briefs, and no excuse offered for failure to comply with rule 7 (38 Okla. vi, 137 Pac. ix). We have examined the record, and the judgment appears to be correct.
We therefore recommend that the appeal be dismissed.
By the Court: It is so ordered.