McClelland v. Witherall

Supreme Court of Oklahoma November 18, 1911

McClelland v. Witherall, 119 P. 205 (Okla. 1911)

30 Okla. 287; 1911 OK 471; 1911 Okla. LEXIS 454

Rosser

Opinion of the Court

Opinion by

ROSSER, C.

The petition in error and transcript of the record was filed in this court November 11, A. D. 1909. The plaintiff in error has failed to file -any brief in the case. The petition in error should therefore be dismissed, for want of prosecution. Hass v. McCampbell, 27 Okla. 290, 111 Pac. 543; Maddin v. McCormick et al., 27 Okla. 778, 117 Pac. 200, and cases there cited; Bender v. Bender et al., infra, 119 Pac. 205; Cox v. Rogers, infra, 119 Pac. 205.

By the Court: It is so ordered.

All the Justices concur.

Reference

Full Case Name: McClelland v. Witherall.
Cited By: 17 cases
Status: Published
Syllabus: APPEAL AND ERROR — Dismissal — Failure to File Briefs. Where plaintiff in error files no brief, as required by rule 7 of this court (20 Okla viii, 95 Pac. vi), the appeal will be dismissed for want, of prosecution. (Syllaous by Rosser, C.)