Shipman v. Porter

Supreme Court of Oklahoma January 25, 1916

Shipman v. Porter, 154 P. 1185 (Okla. 1916)

55 Okla. 120; 1916 OK 93; 1916 Okla. LEXIS 121

Mathews

Opinion of the Court

Opinion by

MATHEWS, C.

No brief having been filed herein by the plaintiff in error, and the defendant in error having filed a motion to dismiss for that reason on November 15, 1915, and having since filed an additional motion to affirm for failure to file brief, and neither of these motions having received any response from the plaintiff in error, the court is of the opinion that the appeal was for delay only, and, under rule No. 7 of this court (38 Okla. vi, 137 Pac. ix), we recommend that the judgment be affirmed.

By the Court: It is so ordered.

Reference

Status: Published
Syllabus: APPEAL AND ERROR — Failure to File Brief — Affirmance. Where plaintiff in error fails to file brief under rule 7 (38 Okla. vi. 137 Pac. ix) of this court, and an examination of the record discloses that the appeal is without merit and was prosecuted for delay, the judgment appealed from may be affirmed. (Syllabus by Mathews, 0.)