CAMERON v. McDANIEL

CAMERON v. McDANIEL
1929 OK 205
277 P. 917
136 Okla. 289
Case Number: 18858
Decided: 05/21/1929
Supreme Court of Oklahoma

CAMERON
v.
McDANIEL et al.

Syllabus

¶0 Appeal and Error--Failure to File Brief--Affirmance with Judgment on Supersedeas Bond.
Where the plaintiff in error fails to comply with the rules of this court requiring the filing of briefs, and said appeal is subject to dismissal for want of prosecution, and where motion has been filed in this court to affirm the judgment and enter judgment on the supersedeas bond against the sureties thereon, and a copy of the supersedeas bond upon which judgment is sought is incorporated in the record in this court, this court will affirm the judgment and render judgment on the supersedeas bond.

Appeal from District Court, Jackson County; Frank Mathews, Judge.

Action by W. J. McDaniel and another against Clarence Cameron. From the judgment of the trial court in favor of the plaintiffs, defendant appeals. Affirmed.

Robinson & Oden, for plaintiff in error.
L. A. Pelley, for defendants in error.

PER CURIAM.

¶1 This is an appeal from the judgement of the district court of Jackson county in an action wherein the defendant in error, W.J. McDaniel and C.C. Devore, as plaintiffs, recovered a judgement against Clarence Cameron for the sum of $182.50, with interest thereon from the 29th day of October, 1926, and from which judgment plaintiff in error on October 26, 1926, lodged his appeal in this court.

¶2 The plaintiff in error has failed to file briefs as required by rule 7 of the rules of this court, and no showing has been made why he has failed to file briefs, herein, although the time for filing briefs in this cause expired on the 8th day of February, 1928. The defendants in error, on the 4th day of May, 1929, filed in this cause their motion to affirm the judgment of the trial court and to render judgment against the sureties on the supersedeas bond executed by the plaintiff in error.

¶3 It appears from the record in this cause that a copy of the supersedeas bond is incorporated therein, and on which bond W. M. Ingram and Earnest Banks appear as sureties.

¶4 Where the plaintiff in error fails to comply with the rules of this court requiring the filing of briefs, the appeal is subject to dismissal, and where a proper motion has been made for judgment on supersedeas bond against the sureties thereon, and it appears that the supersedeas bond has been given, filed, and approved, and that the same is set out in the case-made, this court will affirm the judgment of the trial court and render judgment on such bond. Stepp v. Turner, 83 Okla. 139, 200 P. 994; Jacobs v. Eclipse Paint & Manufacturing Co., 93 Okla. 187, 219 P. 705.