MCKAIN v. J. I. CASE THRESHING MACH. CO.

MCKAIN v. J. I. CASE THRESHING MACH. CO.
1912 OK 810
128 P. 895
35 Okla. 164
Case Number: 3333
Decided: 12/03/1912
Supreme Court of Oklahoma

MCKAIN
v.
J. I. CASE THRESHING MACH. CO.

Syllabus

¶0 APPEAL AND ERROR--Affirmance--Failure to Prosecute. Judgment was rendered in the court below against a party for a certain sum, and a proceeding in error instituted in this court, which such party fails to prosecute. Said judgment having been superseded, on motion, the same will be affirmed.

Grinstead, Mason & Scott, for plaintiff in error.
Leahy & MacDonald and Shartel, Keaton & Wells, for defendant in error.

WILLIAMS, J.

¶1 This cause comes on to be heard upon the motion of the defendant in error to affirm the judgment of the court below. Upon the authority of Merchants' & Planters' Ins. Co. v. Crane et al., 31 Okla. 713, 123 P. 1126, the judgment of the lower court is affirmed.

¶2 All the Justices concur.