The petition in error and the transcript of the record in the ease was filed in this court on September 30, 1912, Neither party has filed a brief, nor have they offered any excuse for the failure to do so. It is evident that the proceedings have been abandoned.

The petition in error should therefore be dismissed for want of prosecution, under rule 7 of this court (38 Okla. vi, 137 Pac. ix). Nicholson v. Barnes, 42 Okla. 250, 140 Pac. 1155.

By the Court: It is so ordered.