BLUMHOFF v. AKERS

BLUMHOFF v. AKERS
1937 OK 485
71 P.2d 733
180 Okla. 589
Case Number: 28028
Decided: 09/21/1937
Supreme Court of Oklahoma

BLUMHOFF
v.
AKERS

Syllabus

¶0 APPEAL AND ERROR - Dismissal of Appeal on Jurisdictional Grounds in Accordance With Motion Where no Response Filed.
Where the defendant in error has filed a motion to dismiss upon jurisdictional grounds, and this court has ordered the plaintiff in error to respond thereto and no response has been filed, it is not the duty of this court to inquire further into the jurisdiction where the authorities cited by the movant reasonably sustain the lack of jurisdiction.

Appeal from District Court, Stephens County; Eugene Rice, Judge.

Action by J.M. Akers against Henry Blumhoff for damages. Judgment for plaintiff, and defendant appeals. Dismissed.

John W. Scott, for plaintiff in error.
Sullivan & Marmaduke, for defendant in error.

PER CURIAM.

¶1 A motion to dismiss has been filed on the ground that the appeal was not filed until more than six months after the date of the judgment rendered. On July 31, 1937, this court called for a response by the plaintiff in error. No response has been filed and no excuse is offered for the failure to comply with the order of this court.

¶2 Under the rule announced in French v. Bragg, 177 Okla. 43. 55 P.2d 953, it is not the duty of this court to search for some theory upon which to sustain the appeal.

¶3 The appeal is dismissed.