HILL et al. v. LAMBERT.

HILL et al. v. LAMBERT.
1932 OK 772
28 P.2d 541
166 Okla. 146
Case Number: 22776
Decided: 11/29/1932
Supreme Court of Oklahoma

HILL et al.
v.
LAMBERT.

Syllabus

¶0 Appeal and Error--Failure of Plaintiff in Error to File Brief--Affirmance with Judgment on Supersedeas Bond.
Where plaintiff in error fails to comply with the rules of this court requiring the filing of briefs, and appeal is subject to dismissal, reversal or affirmance; and where defendant in error has filed motion to affirm the judgment and for judgment on the supersedeas bond and against the sureties thereon, and it appears that supersedeas bond has been given, and the same is incorporated in the case-made, this court will affirm the judgment and render judgment on the supersedeas bond.

Appeal from District Court, Osage County; Jesse J. Worten, Judge.

Action by Jackie Lambert. by his next friend, A. C. Seely, against R. H. Hill and Lester Hollingsworth. Judgment for plaintiff, and defendants appeal. Affirmed.

Wieck & Armstrong, D. E. Hodges, and Hamilton, Gross & Howard, for plaintiffs in error.
Hargis & Yarbrough, for defendant in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the district court of Osage county rendered on jury verdict in an action wherein the defendant in error, as plaintiff, recovered a judgment against R. H. Hill and Lester Hollingsworth for the sum of $ 5,000, together with costs taxed at $ 227.85, on the 21st day of February, 1931, and from which judgment plaintiffs in error, on August 29, 1931, lodged appeal in this court.

¶2 Plaintiffs in error have failed to file brief as required by rule 7 of the rules of this court, and no showing has been made why they have failed to do so, although time for filing same has been repeatedly extended by this court from November 7, 1931. On July 20, 1932, the defendant in error filed motion to have the judgment of the lower court affirmed for failure of plaintiff in error to brief, and for judgment on supersedeas bond. On August 30, 1932, plaintiff in error was again given to October 1st to file brief, and no brief has yet been filed and no just reason shown for failure to file same. It appears from the record in this cause that a copy of supersedeas bond is incorporated in the case-made, and on which R. H. Hill and L. R. Hollingsworth appear as principals and P. S. Mason and George Sommer appear as sureties. The plaintiffs in error have not responded to this motion and have exhibited no evidence of their desire to further prosecute this appeal.