CLINTON & O. W. RY. CO. v. KANSAS CITY M. & O. RY. CO.

CLINTON & O. W. RY. CO. v. KANSAS CITY M. & O. RY. CO.
1913 OK 525
134 P. 442
39 Okla. 141
Case Number: 2860
Decided: 08/12/1913
Supreme Court of Oklahoma

CLINTON & O. W. RY. CO.
v.
KANSAS CITY, M. & O. RY. CO.

Syllabus

¶0 APPEAL AND ERROR--Abandonment of Appeal--Failure to File Brief. Where plaintiff in error does not file brief within time allowed by rule 7 of this court (20 Okla. viii, 95 P. vi), nor before case is due to be taken on submission, the appeal will be treated as abandoned and dismissed.

M. L. Holcombe and Thos. B. Norfleet, for plaintiff in error.
John A. Eaton, D. W. Eaton, and Geo. E. Black, for defendant in error.

THACKER, C.

¶1 On July 19, 1911, the case-made was filed in this court, and on June 10, 1913, this case was due to be taken on submission; but the plaintiff in error has wholly failed to file briefs as required by rule 7 of this court (20 Okla. viii, 95 P. vi) and has thus abandoned the appeal. See Hill v. Riddle, 36 Okla. 122, 128 P. 112; Hukill v. Tharp, 36 Okla. 178, 128 P. 113; Ledbetter v. Kimsey, post, 128 P. 1086; Green v. State, ex rel. Caldwell, 36 Okla. 287, 128 P. 257.

¶2 We are therefore of the opinion the appeal should be treated as abandoned and dismissed.

¶3 By the Court: It is so ordered.