Opinion by

The petition in error and transcript of the record was filed in this court on November 12, 1909. The plaintiff in error has failed to file any brief in the case. The petition in error shall therefore be dismissed for want of prosetion. Hass et al. v. McCampbell, 27 Okla. 290, 111 Pac. 543; Maddin v. McCormick et al., 27 Okla. 778, 117 Pac. 200; McClelland v. Witherall, infra, 119 Pac. 205; Bender v. Bender et al., infra, 119 Pac. 205.

By the Court: It is so ordered.