DAVIS v. VAUGHN

DAVIS v. VAUGHN
1915 OK 229
148 P. 137
46 Okla. 158
Case Number: 4411
Decided: 04/27/1915
Supreme Court of Oklahoma

DAVIS et al.
v.
VAUGHN et al.

Syllabus

¶0 APPEAL AND ERROR--Dismissal--Failure to File Brief. 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, Mcintosh County; Preslie B. Cole, Judge.

Action by Charles S. Vaughn against J. H. Osborne and others. Judgment for plaintiff, and defendants Charles E. Davis and others bring error. Dismissed.

T. W. Jones, Jr. and E. V. Vernor, for plaintiffs in error.
C. B. McCrory, for defendants in error.

RITTENHOUSE, C.

¶1 The petition in error and the transcript of the record in the case was filed in this court on September 30, 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.

¶2 The petition in error should therefore be dismissed for want of prosecution, under rule 7 of this court (38 Okla. vi, 137 P. ix). Nicholson v. Barnes, 42 Okla. 250, 140 P. 1155.

¶3 By the Court: It is so ordered.