Brown v. Great Western Hay & Grain Co.

Supreme Court of Oklahoma
Brown v. Great Western Hay & Grain Co., 157 P. 279 (Okla. 1916)
57 Okla. 441; 1916 OK 484; 1916 Okla. LEXIS 538
Rummons

Brown v. Great Western Hay & Grain Co.

Opinion of the Court

Opinion by

RUMMONS, C.

This is an appeal from a judgment of the district court of Washington county, in ejectment, in favor of the defendant in error against the plaintiffs in error, for the possession of certain real estate in Washington county and the sum of $386.46, damages for the detention of the same. The petition in error and case-made was filed in this court April 6, 1915, and the said cause was submitted on the motion of defendant in error to affirm the judgment of the lower court on April 19, 1916, haying been regularly set down for submission on that date.

The' plaintiffs in error have failed to file briefs as required by rule 7 of this court (38 Okla. vi, 137 Pac. ix), *442 nor have they requested any extension of time to serve and file briefs herein, nor have they offered any excuse for their failure to serve and file such briefs. On account of such default and failure to file briefs, as prescribed in said rule, the judgment appealed from should be affirmed.

By the Court: It is so ordered.

Reference

Full Case Name
BROWN Et Al. v. GREAT WESTERN HAY & GRAIN CO.
Status
Published
Syllabus
APPEAL AND ERROR — Briefs—Effect of Failure to File — Affirmance. On account of the failure of plaintiffs in error to serve and file briefs as prescribed’by rule 7 of this court (38 Okla. vi. 137 Pae. ix), no excuse being offered therefor, the judgment of the trial court should be affirmed. (Syllabus by Rummons, G.)