Opinion by

The petition in error and case-made in this appeal were filed in this court on January 11, 1910. No brief, as required by rule 7 (20 Okla. viii, 95 Pac. vi) of this court, has been filed, and no excuse has been offered for the failure to so file, and by authority of Davis v. Elliott, 25 Okla. 433, 106 Pac. 838, the plaintiffs in error have waived then-right to have the appeal heard in this court, and the same is hereby dismissed.

See, also, LeBreton v. Swartzel, 14 Okla. 521, 78 Pac. 323; Walker v. Hannewincle, 24 Okla. 152, 103 Pac. 585.

By the Court: It is so ordered.