Opinion
No. 3474
Opinion Filed February 28, 1914.
APPEAL AND ERROR — Dismissal — Brief. Where plaintiff in error has filed no brief, as required by rule 7 of this court (38 Okla. vi), the appeal will be dismissed for want of prosecution.
(Syllabus by Rittenhouse, C.)
Error from Superior Court, Custer County; J. W. Lawter, Judge.
Action in replevin by Lydia L. Wallingford against C. B. Wood and the Bonebrake-Lacy Hardware Company. Judgment for the defendants, and plaintiff brings error. Dismissed.
M. L. Holcombe, for plaintiff in error.
Shull McKnight, for defendants in error.
This appeal was filed in this court January 2, 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 appeal should therefore be dismissed for want of prosecution under rule 7 of this court (38 Okla. 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.