On May 24, 1911, the petition in error, with transcript attached, was filed in this court. On the same date the defendant in error entered appearance and waived issuance of sumknons. On December 12, 1912, the cause was set for submission on March 13, 1913. No brief has *55 been filed pursuant to the requirement of rule 7 (20 Okla. viii, 95 Pac. vi), of .this court.

The proceeding in error is dismissed.