FARMERS' & BANKERS' WAREHOUSE ASS'N et al. v. BURT et al.

FARMERS' & BANKERS' WAREHOUSE ASS'N et al. v. BURT et al.
1911 OK 464
120 P. 296
30 Okla. 326
Case Number: 1235
Decided: 11/18/1911
Supreme Court of Oklahoma

FARMERS' & BANKERS' WAREHOUSE ASS'N et al.
v.
BURT et al.

Syllabus

¶0 APPEAL AND ERROR--Dismissal--Failure to File Brief. Where plaintiff in error files no brief, as required by rule 7 (20 Okla. viii, 95 P. vi) of this court, the appeal will be dismissed for want of prosecution.

Error from District Court, Tillman County; J. T. Johnson, Judge.

Suit by J. A. Burt, Thos. Simmons, J.

Angus Gillis, Jno. W. Moore, H. A. Teftweller, J. A. Carr, J. Waits, F. E. Lovejoy, and J. W. Yancy, trustees, against the Farmers' & Bankers' Warehouse Association, W. A. Carothers, Carothers' Building Association, and W. H. Dial. Judgment and decree for plaintiffs, and defendants bring error. Dismissed.

W. H. Dial and Burford & Burford, for plaintiffs in error
McGuire & Mosier, for defendants in error

ROSSER, C.

¶1 The petition in error and transcript of the record was filed in this court November 24, 1909, and no brief has been filed by the plaintiffs in error. The petition in error should therefore be dismissed for want of prosecution. Hass v. McCampbell, 27 Okla. 290, 111 P. 543; Maddin v. McCormick, 27 Okla. 778, 117 P. 200, and cases there cited; McClelland v. Witherall, infra, 119 P. 205; Cox v. Rogers et al., infra, 119 P. 205; Bender v. Bender, infra, 119 P. 205.

¶2 By the Court: It is so ordered.

¶3 All the Justices concur.