ATKINSON v. SHAFFER

ATKINSON v. SHAFFER
1940 OK 232
102 P.2d 943
187 Okla. 262
Case Number: 29652
Decided: 05/07/1940
Supreme Court of Oklahoma

ATKINSON et al.
v.
SHAFFER

Syllabus

¶0 APPEAL AND ERROR--Dismissal of frivolous appeal from judgment on promissory note.
Where a motion to dismiss has been filed on the ground that the appeal is frivolous and for delay only, and on an examination of the record and response to such motion it is disclosed that there is no defense presented on a suit on a promissory note, where judgment was rendered for the plaintiff and no contest is presented for this court to determine, the appeal will be dismissed.

Appeal from District Court, Oklahoma County; Sam Hooker, Judge.

Action on promissory note by Marcia Shaffer against Win. H. Atkinson and W. R. Ramsey. From a judgment for the plaintiff, defendants appeal. Dismissed.

Jarman, Brown, Looney & Watts, of Oklahoma City, and Herman Lautaret, of Norman, for plaintiffs in error.
Embry, Johnson, Crowe & Tolbert, of Oklahoma City, for defendant in error.

PER CURIAM.

¶1 This was an action on a promissory note. Judgment was for the plaintiff against the defendants. No defense was presented in the trial court. A motion to dismiss has been filed on the ground that the appeal is frivolous and taken for delay only. A response to said motion fails to point out or suggest any defense. This court has held that where on an examination of the record and the motion to dismiss, together with the response made thereto, it is shown that no issue is presented, the appeal will be dismissed. Smith v. Graham Brown Shoe Co., 179 Okla. 559, 67 P.2d 448; Smith v. Aronoff, 179 Okla. 560, 67 P.2d 447. Such is the situation in the case at bar.

¶2 The appeal is dismissed.