AMERICAN NAT. BANK OF PAWHUSKA v. ROGERS

AMERICAN NAT. BANK OF PAWHUSKA v. ROGERS
1937 OK 696
74 P.2d 116
181 Okla. 391
Case Number: 27878
Decided: 12/07/1937
Supreme Court of Oklahoma

American Nat. Bank of Pawhuska
v.
Rogers

Syllabus by the Court.

¶0APPEAL AND ERROR--DISMISSAL--Appeals Without Merit and Taken for Delay Only.
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, Osage County; Jesse J. Worten, Judge.

Action by the American National Bank of Pawhuska, Okl., against Jasper Rogers and others to recover on a promissory note. Judgment for defendants, and plaintiff appeals. Appeal dismissed.

Robert Stuart, of Pawhuska, for plaintiff in error.
W. H. McKenzie and John L. Arrington, both of Pawhuska, for defendants in error.

PER CURIAM.

¶1 The petition in error with case-made attached was filed April 29, 1937, and a motion to dismiss has been filed under date of July 19, 1937, for the reason and on the ground that the appeal is without merit and taken for delay only. On September 21, 1937, this court entered its order directing the plaintiff in error to respond to the motion to dismiss and no response has been filed and no excuse has been offered for such failure. We have held under such circumstances that this court may in its discretion dismiss the appeal.

¶2 The appeal is dismissed.