TURNER HARDWARE CO. v. JOHN DEERE PLOW CO.

TURNER HARDWARE CO. v. JOHN DEERE PLOW CO.
1913 OK 641
136 P. 417
39 Okla. 638
Case Number: 3293
Decided: 11/11/1913
Supreme Court of Oklahoma

TURNER HARDWARE CO.
v.
JOHN DEERE PLOW CO.

Syllabus

¶0 APPEAL AND ERROR--Dismissal--Failure to File Brief. Where plaintiff in error fails and neglects to file brief, as required by rule 7 of this court (38 Okla. vi, 95 P. vi), the appeal will be dismissed for want of prosecution.

Chas. Bagg, for plaintiff in error.
John H. Mosier, for defendant in error.

 
GALBRAITH, C.

¶1 The petition in error and case-made were filed in this court on November 13, 1911, and the cause regularly set for submission on September 15, 1913. The plaintiff in error has failed to file and serve brief, as required by rule 7 of this court (38 Okla. vi, 95 P. vi). In fact, neither party has filed briefs in this case. Apparently the appeal has been abandoned. In any event, it should be dismissed for want of prosecution. Streeter v. McCoy, 34 Okla. 490, 126 P. 216; Streeter v. Huene, 34 Okla. 491, 126 P. 216; Thompson v. Murray, 34 Okla. 521, 125 P. 1133; Reliable Ins. Co. v. Newcomber, 34 Okla. 759, 127 P. 260; M., O. & G. R. Co. v. Johnson, 34 Okla. 816, 127 P. 386; First Nat. Bank v. Baldwin, 34 Okla. 825, 127 P. 260; Snow v. Frye, 34 Okla. 826, 127 P. 422.

¶2 By the Court: It is so ordered.