Annotate this Case

1910 OK 204
110 P. 722
26 Okla. 600
Case Number: 1165
Decided: 07/12/1910
Supreme Court of Oklahoma


Harry K. Allen, for plaintiff in error. H. A. Ledbetter and Cruce, Cruce & Bleakmore, for defendant in error.


¶1 The petition in error with case-made attached was filed in this court on October 26, 1909. On February 8, 1910, the time within which the plaintiff was permitted to file briefs was extended for 60 days. This time has expired, and no briefs have been filed. On June 22, 1910, motion to dismiss this appeal was filed on the grounds (1) of failure to file briefs; and (2) for the reason that the case-made does not affirmatively show service of notice upon the defendant in error of the time and place of the presenting, signing, and settling of the same.

¶2 1. In Leavitt et al. v. Commercial Nat. Bank,

¶3 2. The case-made does not show that any notice was had upon the plaintiff in error or his attorney of record of the time and place of the presenting, settling, and signing of the case-made. In First National Bank of Collinsville v. Daniels (No. 930, recently decided by this court, but not yet officially reported)

¶4 It follows that the motion to dismiss the appeal must be sustained.

¶5 All the Justices concur.