Opinion by

The petition in error and"' the transcript of the record in this case was filed in this' court February 27, 1913. Neither party has filed a brief,, nor offered any excuse for their failure to do so. It: is? *318 evident that the appeal has been abandoned, and the motion of defendant in error tp dismiss will be sustained, and cause dismissed, under rule 7 of this court (38 Okla. vi, 137 Pac. ix).

By the Court: It is so ordered.