HARDEN v. HARDEN

HARDEN v. HARDEN
1934 OK 511
36 P.2d 493
169 Okla. 166
Case Number: 25145
Decided: 10/09/1934
Supreme Court of Oklahoma

HARDEN
v.
HARDEN.

Syllabus

¶0 Appeal and Error--Dismissal of Appeal for Failure to Comply With Orders of Court.
Where plaintiff in error fails to comply with the orders of this court and makes no showing as to his reasons therefor, his appeal will be dismissed.

Appeal from Superior Court, Seminole County; Guy A. Cutlip, Judge.

Appeal by John Francis Harden from judgment awarding alimony to Estelle Edith Daniel Harden. Appeal dismissed for failure to comply with order of court to pay defendant in error $ 50 per month during pendency of appeal.

Bishop & Bishop and A. M. Fowler, for plaintiff in error.
Hugh A. White, for defendant in error.

BUSBY, J.

¶1 Plaintiff in error, John Francis Harden, appealed from the judgment of the superior court of Seminole county directing him to pay $ 100 per month for 19 months as alimony. The appeal was perfected to this court on or about November 4, 1933. On December 1. 1933, this court made an order directing said plaintiff in error to pay defendant in error during the pendency of said appeal the sum of $ 50 per month. The plaintiff in error has been cited for contempt of this court for failure to pay the $ 50 per month as ordered, and has failed and refused to appear before this court and show cause why he has not complied with the order: The defendant in error herein has filed a motion to dismiss the appeal. The motion is hereby sustained and the appeal dismissed for failure on the part of plaintiff in error to comply with the orders of this court.