The petition in error with case-made attached was filed in this court on the 9th day of June, 1910. No briefs having been served or filed;, the defendant in error on September 9, 1910, moved to dismiss this appeal.

Up to this date, briefs neither having been filed, nor. any response made to said motion, the appeal is dismissed. Leavitt v. Commercial National Bank, 26 Okla. 164, 109 Pac. 71.