Opinion by

The petition in error and the transcript of the record in this case was filed in this court on January 16, 1913; 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 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.