Turner Hardware Co. v. John Deere Plow Co.

Supreme Court of Oklahoma November 11, 1913

Turner Hardware Co. v. John Deere Plow Co., 136 P. 417 (Okla. 1913)

39 Okla. 633; 1913 OK 641; 1913 Okla. LEXIS 562

Galbraitpi

Opinion of the Court

Opinion by

GALBRAITPI, C.

The petition in error and ■case-made were filed in this court on November 13, 1911, and the cause regularly set for submission on September 15, .1913. The plaintiff in error has failed to file and serve brief, as required by rule 7 of this cqurt (38 Okla. vi, 95 Pac. vi). In fact, neither party has filed briefs in this case. Apparently the appeal has been abandoned. In' any event, it should be dismissed for want of prosecution. Streeter v. McCoy, 34 Okla. 490, 126 Pac. 216; Streeter v. Huene, 34 Okla. 491, 126 Pac. 216; Thompson v. Murray, 34 Okla. 521, 125 Pac. 1133; Reliable Ins. Co. v. Newcomber, 34 Okla. 759, 127 Pac. 260; M., O. & G. R. Co. v. Johnson, 34 Okla. 816, 127 Pac. 386; First Nat. Bank v. Baldwin, 34 Okla. 825, 127 Pac. 260; Snow v. Frye, 34 Okla. 826, 127 Pac. 422.

By the Court: It is so ordered.

Reference

Cited By: 7 cases
Status: Published
Syllabus: APPEAL AND ERROR, — Dismissal—Pailure to File Brief. Where plaintiff in error fails and neglects to file brief, as required by rule 7 of this court (38 Oída, vi, 95 Pac. vi), the appeal will be dismissed for want of prosecution. (Syllabus by Galbraith, C.)