NICHOLSON v. BARNES

NICHOLSON v. BARNES
1914 OK 233
140 P. 1155
42 Okla. 250
Case Number: 3701
Decided: 05/12/1914
Supreme Court of Oklahoma

NICHOLSON
v.
BARNES.

Syllabus

¶0 APPEAL AND ERROR--Failure to File Brief--Dismissal. Where plaintiff in error has filed no brief, as required by rule 7 of this court (38 Okla. vi, 137 P. ix), the appeal will be dismissed for want of prosecution.

Error from District Court, Cherokee County; John H. Pitchford, Judge.

Action by Mary C. Barnes against Sam P. Nicholson. Judgment for plaintiff, and defendant brings error. Dismissed.

A. A. Davidson and J. I. Courser, for plaintiff in error.
J. Berry King, for defendant in error

RITTENHOUSE, C.

¶1 The petition in error and transcript of the record in this case was filed in this court March 18, 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 petition in error should therefore be dismissed for want of prosecution under rule 7 of this court (38 Okla. vi, 137 P. ix). Eads v. Ottawa County et al., 41 Okla. 423, 138 P. 796; Terry v. Coker, 41 Okla. 427, 138 P. 814. By the Court: It is so ordered.