WALLINGFORD v. WOOD

WALLINGFORD v. WOOD
1914 OK 101
139 P. 252
41 Okla. 572
Case Number: 3474
Decided: 02/28/1914
Supreme Court of Oklahoma

WALLINGFORD
v.
WOOD et al.

Syllabus

¶0 APPEAL AND ERROR--Dismissal--Brief. Where plaintiff in error has filed no brief, as required by rule 7 of this court (38 Okla. vi), the appeal will be dismissed for want of prosecution.

Error from Superior Court, Custer County; J. W. Lawter, Judge.

Action in replevin by Lydia L. Wallingford against C. B. Wood and the Bonebrake-Lacy Hardware Company. Judgment for the defendants, and plaintiff brings error. Dismissed.

M. L. Holcombe, for plaintiff in error
Shull & McKnight, for defendants in error

RITTENHOUSE, C.

¶1 This appeal was filed in this court January 2, 1912. Neither party has filed a brief, nor have they offered any excuse for the failure to do so. It is evident that the proceedings have been abandoned. The appeal should therefore be dismissed for want of prosecution under rule 7 of this court (38 Okla. vi). Streeter v. McCoy, 34 Okla. 490, 126 P. 216, 126 P. 216; Thompson v. Murray, 34 Okla. 521, 125 P. 1133; Streeter v. Huene, 34 Okla. 491, 126 P. 216; Reliable Ins. Co. v. Newcomber 34 Okla. 759, 127 P. 260; M., O. & G. Ry. 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.