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1911 OK 39
117 P. 200
27 Okla. 778
Case Number: 1646
Decided: 01/10/1911
Supreme Court of Oklahoma



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

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

Action between Fred V. Maddin and F. P. McCormick. From the judgment, Maddin brings error. Dismissed.

S. V. O'Hare, for plaintiff in error.
J. B. Furry, for defendant in error.


¶1 The petition in error and case-made attached were filed in this court May 4, 1910. On November 4, 1910, defendants in error filed motion to dismiss the appeal on the following grounds:

(1) Case-made not served in time.
(2) Petition in error not filed in time.
(3) No brief filed pursuant to rule 7 of this court (95 Pac. vi). No response has been made to said motion to dismiss.

¶2 It is not essential to pass on the first two grounds, as the third ground is sufficient; the plaintiff in error neither having filed his brief in accordance with said rule 7, nor having made application for additional time, or for permission to file typewritten briefs. Leavitt et al. v. Commercial Nat. Bank, 26 Okla. 164, 109 Pac. 71; Monnington v. Cotteral, 26 Okla. 817, 110 Pac. 652; Cooper v. Chapman, 26 Okla. 600, 110 Pac. 722.

¶3 All the Justices concur.