BUSH v. GREER

BUSH v. GREER
1946 OK 257
173 P.2d 217
197 Okla. 580
Case Number: 32635
Decided: 10/08/1946
Supreme Court of Oklahoma

BUSH
v.
GREER et al.

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 Court of Common Pleas, Oklahoma County; Carl Traub, Judge.

Action on a contract by L. B. Bush, d/lo/a Bush Business Exchange, against Charles F. Greer, R. Frank Baker, garnishee. From an order discharging garnishment plaintiff appeals. Dismissed.

Lee Williams, of Oklahoma City, for plaintiff in error.
Little & Hoyt, of Oklahoma City, for defendants in error.

PER CURIAM.

¶1 An action was brought by L. B. Bush, doing business as Bush Business Exchange, against Charles F. Greer on a contract. A garnishment was issued during the proceeding. A motion to discharge the garnishment was sustained, and plaintiff appeals.

¶2 A motion to dismiss was filed on the ground that the appeal is without merit and taken for delay only, and this court directed the plaintiff to respond to the motion to dismiss and no response has been filed. As held by this court in Gartrell v. Federal Land Bank of Wichita, 180 Okla. 523, 71 P.2d 489, where a motion to dismiss is filed on the ground that the appeal is without merit and taken for delay only and the court calls for response and none is filed, this court may, in its discretion, dismiss the appeal.

¶3 The appeal is dismissed.

¶4 GIBSON, C.J., HURST, V.C.J., and RILEY, OSBORN, BAYLESS, WELCH, and DAVISON, JJ., concur.