Opinion
No. 3182
Opinion Filed November 18, 1913.
APPEAL AND ERROR — Failure to File Brief — Dismissal. Where plaintiff in error has filed no brief, as required by rule 7 of this court (38 Okla. vi, 95 Pac. vi), the appeal will be dismissed for want of prosecution.
(Syllabus by Robertson, C.)
Error from County Court, Ellis County; A. L. Squires, Judge.
Action by J. M. Yount against E. H. Thompson, to recover a money judgment on a promissory note. Judgment for plaintiff, and defendant brings error. Appeal dismissed.
S. A. Miller, for plaintiff in error.
Perry J. Morris and J. G. Aubuchona, for defendant in error.
This appeal was filed in this court October 16, 1911. 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 appeal should therefore be dismissed for want of prosecution under rule 7 of this court (38 Okla. vi, 95 Pac. vi). Streeter v. McCoy, 34 Okla. 490, 126 P. 216; Thompson v. Murray, 34 Okla. 521, 125 P. 1133; Streeter v. Huene, 34 Okla. 491, 126 P. 216; Reliable Ins. Co. v. Newcomber, 34 Okla. 759, 127 P. 260; M., O. G. Ry. Co. v. Johnson, 34 Okla. 816, 127 P. 386; First Nat. Bank v. Baldwin, 34 Okla. 825, 127 P. 260; Snow v. Frye, 34 Okla. 826, 127 P. 422.
By the Court: It is so ordered.