Opinion
No. 5362
Opinion Filed September 21, 1915.
APPEAL AND ERROR — Failure to File Brief — Affirmance. The facts in this case are identical with those in Smith v. Wharton, ante, p. 185, 151 P. 852, and the syllabus in that case is adopted as the one in this.
(Syllabus by Devereux, C.)
Error from County Court, Pawnee County; Frank Shoemaker, Special Judge.
Action by W.R. Tucker against J.F. Fisher. From the judgment, Tucker brings error. Affirmed.
V.H. Biddison and Biddison McCullum, for plaintiff in error.
Orton McNeill, for defendant in error.
This case was docketed in this court on July 19, 1913, and was assigned for submission on September 13, 1915, No briefs have been filed by plaintiff in error, and no reason given for failure so to do. We have examined the record and case-made, and, in our opinion, the judgment was correct.
Following the decision in Smith v. Wharton, ante, p. 185, 151 P. 852, we are of the opinion that the judgment should be affirmed.
We therefore recommend that the judgment be affirmed.
By the Court: It is so ordered.