MILLER LUMBER CO. v. SWINK MERCANTILE CO.

MILLER LUMBER CO. v. SWINK MERCANTILE CO.
1913 OK 147
130 P. 574
37 Okla. 74
Case Number: 2309
Decided: 02/18/1913
Supreme Court of Oklahoma

MILLER LUMBER CO.
v.
SWINK MERCANTILE CO.

Syllabus

¶0 APPEAL AND ERROR--Dismissal--Failure to File Briefs. Where plaintiff in error fails to file briefs, 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 McCurtain County Court; T. J. Barnes, Judge.

Action between the Miller Lumber Company and the Swink Mercantile Company. From the judgment, the lumber company brings error. Dismissed.

Foster & Stephenson, for plaintiff in error.
Spriggs & Hardison, for defendant in error.

BREWER, C.

¶1 The petition in error and transcript of the record in this case was filed in this court January 23, 1911. The plaintiff in error has failed to file any brief in the cause, as required by rule 7 (20 Okla. viii, 95 P. vi) of this court. The petition in error should therefore be dismissed for want of prosecution. Hass et al. v. McCampbell, 27 Okla. 290, 111 P. 543; Maddin v. McCormick et al., 27 Okla. 778, 117 P. 200; McClelland v. Witherall, 30. Okla. 287, 119 P. 205.

¶2 By the Court: It is so ordered.