VAN SMITH v. COLEMAN

VAN SMITH v. COLEMAN
1915 OK 665
151 P. 1018
51 Okla. 371
Case Number: 5468
Decided: 09/21/1915
Supreme Court of Oklahoma

VAN SMITH
v.
COLEMAN et al.

Syllabus

¶0 APPEAL AND ERROR--Failure to File Brief--Decision. Where plaintiff in error fails to file briefs, as required by rule 7 (38 Okla. vi, 137 P. ix), this court may continue the cause, dismiss the appeal, or affirm the judgment, in its discretion; and where a motion, to affirm is filed, no answer to which is made, and an examination of the record does not disclose any prejudicial error, the judgment will be affirmed.

Error from Superior Court, Muskogee County; Farrar L. McCain, Judge.

Action by Mary Coleman and another against H. Van Smith. From the judgment, Van Smith brings error. Affirmed.

Clark J. Tisdel, for plaintiff in error.
S. E. Gidney, for defendants in error.

DEVEREUX,, C.

¶1 This cause was filed in this court on August 14, 1913, and was submitted on September 13, 1915. The plaintiff in error has filed no briefs, nor asked for any extension of time within which to do so, nor given any excuse for failure to comply with rule 7 (38 Okla. vi, 137 P. ix). The defendants in error have filed a motion, service of which was duly accepted by counsel for plaintiff in error, to affirm judgment. We have examined the record and case-made, and see no reason why the motion should not be granted.

¶2 We therefore recommend that the judgment be affirmed.

¶3 By the Court: It is so ordered.