SMITH v. WHARTON

SMITH v. WHARTON
1915 OK 624
151 P. 852
51 Okla. 185
Case Number: 5794
Decided: 09/14/1915
Supreme Court of Oklahoma

SMITH et al.
v.
WHARTON.

Syllabus

¶0 1. APPEAL AND ERROR--Failure to File Brief--Discretion. Under the provisions of rule 7 (38 Okla. vi, 137 P. ix), in case the plaintiff in error fails to file briefs in this court, as required therein, the court may continue the cause, dismiss, or affirm the judgment, in its discretion.
2. SAME--Affirmance. Where the plaintiff in error does not file any brief, and an examination of the record shows that the judgment of the lower court is probably right, it will be affirmed.

Robertson & Kean, for plaintiffs in error.
Brook & Brook, for defendant in error.

DEVEREUX, C.

¶1 This cause was docketed in this court on October 16, 1913, and was regularly submitted on September 13, 1915, but no brief has been filed on behalf of the plaintiffs in error, and no extension of time asked for, and no excuse given for such failure. Rule 7 of this court, providing for the filing and service of briefs, contains the provision that, in case of failure to comply with the requirements of the rule, this court may continue the cause, or reverse or affirm the judgment, in its discretion. In order that we might intelligently exercise this discretion thus given us, we have carefully considered the case-made, and proceedings of the trial court sought to be reviewed, and can discover no prejudicial error therein. We therefore recommend that the judgment be affirmed.

¶2 By the Court: It is so ordered.