GARTRELL v. FEDERAL LAND BANK OF WICHITA

GARTRELL v. FEDERAL LAND BANK OF WICHITA
1937 OK 432
71 P.2d 489
180 Okla. 523
Case Number: 27879
Decided: 06/29/1937
Supreme Court of Oklahoma

GARTRELL
v.
FEDERAL LAND BANK

Syllabus

¶0 APPEAL AND ERROR - Dismissal of Frivolous Appeals.
Where a motion to dismiss is filed upon the ground that the appeal is without merit and for delay only, and the court calls for a response to such motion and none is filed, and no excuse offered for such failure, this court may, in its discretion, dismiss the appeal.

Appeal from District Court, Woodward County; O.C. Wybrant, Judge. Proceeding by R.N. Gartrell against the Federal Land Bank of Wichita, Kan., to foreclose a mortgage. From judgment for defendant, plaintiff appeals. Dismissed.

Charles R. Alexander, for plaintiff in error.
Reuben K. Sparks, Max L. Hamilton, Donald I. Mitchell, and W.E. Pepperell, for defendant in error.

PER CURIAM.

¶1 This was a matter in which a judgment was entered on behalf of the defendant Federal Land Bank of Wichita, Wichita, Kan., a corporation, on stipulation with R.H. Gartrell, who appears as plaintiff in the trial court and also as plaintiff in error here. A motion to dismiss was filed upon the ground that the appeal is without merit and taken for delay.

¶2 On June 1, 1937, this court called for a response to the motion to dismiss and none has been filed. The appeal is, therefore, dismissed.