FRED MILLER BREWING CO. v. KELLY

FRED MILLER BREWING CO. v. KELLY
1910 OK 326
112 P. 983
27 Okla. 461
Case Number: 1199
Decided: 11/16/1910
Supreme Court of Oklahoma

FRED MILLER BREWING COMPANY
v.
KELLY.

Syllabus

¶0 APPEAL AND ERROR--Failure to File Briefs--Dismissal. Syllabus same as that in Leavitt v. Commercial National Bank, 26 Okla. 164, 109 P. 71.

Error from District Court, Grant County; W. M. Bowles, Judge.

Action between C. P. Kelly and the Fred Miller Brewing Company. Appeal by the brewing company dismissed.

A. M. Mackey, for plaintiff in error.
Sam P. Ridings, for defendant in error.

WILLIAMS, J.

¶1 The petition in error with case-made attached was filed in this court on the 8th day of November, 1909. No brief having been served or filed, the defendant in error on July 29, 1910, moved to dismiss this appeal. Over forty days have expired and no response has been made to said motion. The appeal is therefore dismissed. Leavitt v. Commercial National Bank, 26 Okla. 164, 109 P. 71.

¶2 All the Justices concur.