PAYNE v. WILKES

PAYNE v. WILKES
1913 OK 352
132 P. 1191
37 Okla. 513
Case Number: 1837
Decided: 05/26/1913
Supreme Court of Oklahoma

PAYNE
v.
WILKES et ux.

¶0 March, 1913, Decided

Error from District Court, Jackson County; J. F. Jackson, Special Judge. Action by P. L. Wilkes and Stella Wilkes against W. H. Payne. Judgment for plaintiffs, and defendant brings error. Affirmed.

E. E. Gore, for defendants in error.

HARRISON, C.

¶1 At the January term this cause was dismissed for failure to file briefs. During the term motion was filed by defendants in error to set aside the order of dismissal and affirm the judgment of the lower court. Upon the authority of Merchants' & Planters' Ins. Co. v. Crane et al., 31 Okla. 713, 123 P. 1126, and McKain v. J. I. Case Threshing Mach. Co. 35 Okla. 164, 128 P. 895, the original opinion is withdrawn, the order of dismissal is set aside, and this opinion affirming the judgment of the lower court is filed in its stead. The judgment should, therefore, be affirmed.

¶2 By the Court: It is so ordered.