Bilby v. Roberts

Supreme Court of Oklahoma
Bilby v. Roberts, 171 P. 713 (Okla. 1918)
68 Okla. 57; 1918 OK 147; 1918 Okla. LEXIS 286
PER CURIAM.

Bilby v. Roberts

Opinion of the Court

PER CURIAM.

This cause comes on to be heard upon the motion of the defendants in error 'to dismiss the appeal filed herein, upon the ground that “plaintiffs in error have not filed brief within the time required by law and the rules of this court.”

The records show that this cause was set for submission upon the merits on the 12th day of February, 1918; that upon said date no brief had been filed by the plaintiffs in error, nor cause shown for the failure to file at that time. No brief on behalf of either party has since been filed. In Dykes v. Markham, 44 Okla. 669, 146 Pac. 434, the syllabus reads:

“No briefs having been filed on behalf of the plaintiff in error, nor cause shown for the failure to file at the time the cause is assigned for submission, the appeal will be treated as abandoned, and accordingly dismissed.”

To the same effect is El Reno Vit. Brick & T. Co. v. Raymond Co., 44 Okla. 676, 146 Pac. 21.

Upon the authority of these eases the appeal herein is dismissed.

Reference

Full Case Name
BILBY Et Al. v. ROBERTS Et Al.
Status
Published
Syllabus
(Syllabus.) Appeal and Error — Briefs—Dismissal. No brief having been filed on behalf of the plaintiffs in error, nor cause shown for the failure to file at the time the cause is assigned for submission, the appeal will be treated as abandoned, and accordingly dismissed.