CARVER v. KENYON

CARVER v. KENYON
1913 OK 580
135 P. 1050
40 Okla. 232
Case Number: 4294
Decided: 10/14/1913
Supreme Court of Oklahoma

CARVER
v.
KENYON.

Syllabus

APPEAL AND ERROR--Brief--Dismissal. Where plaintiff in error fails to set out in his brief the specifications of error relied on for reversal of the cause, as required by rule 25 (38 Okla. x, 95 P. viii), the proceeding in error will be dismissed.

S. A. Horton, for plaintiff in error.
Wilson & Wilson, for defendant in error.

HAYES, C. J.

¶0 This appeal is prosecuted from a judgment of the court below on a promissory note. Plaintiff in error fails to set out in his brief the specifications of error complained of, separately set forth and numbered, and argument and authorities relied on, as is required by rule 25 (38 Okla. x, 95 P. viii). He argues certain propositions of law in his brief; but we are unable to determine from his brief, in the absence of any specifications of error, whether such propositions of law arose upon any action of the court below to which exceptions have been duly saved, to be presented to this court on appeal. It has been held repeatedly that, where the foregoing rule is not complied with in the brief of plaintiff in error, the appeal will be dismissed. Eiklor v. Badger, 25 Okla. 853, 108 P. 359; Mahaney v. Union Inv. Co., 23 Okla. 533, 101 P. 1054. The proceeding in error is dismissed.

¶1 All the Justices concur.