The petition in error and the transcript of the record in this case was filed in this court on September 26, 1912. Neither party has filed a brief, nor have they offered any *132 excuse for the failure to do so. It is evident that the proceedings have been abandoned. The judgment of the trial court should therefore be affirmed, 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.