Hamilton v. Cherry

Supreme Court of Oklahoma January 24, 1922

Hamilton v. Cherry, 204 P. 122 (Okla. 1922)

85 Okla. 1; 1922 OK 18; 1922 Okla. LEXIS 7

Nicholson, Pitoheord, Kané, Johnson, McNeill, Elting

Opinion of the Court

NICHOLSON, J.

This action was instituted in the district court of Greer county, by the defendant in error, as plaintiff, against the plaintiffs in error, as defendants. Judgment was there rendered -in favor of the plaintiff, to reverse which the defendants have brought the case to this court by petition in error.

A stipulation has been filed by all of the plaintiffs in error, except R. P. Wright, and the defendant in error to dismiss this appeal. The plaintiff in error R. P. Wright has failed to file brief as required by rule 7 of this court (47 Okla. vi) ; therefore, under the circumstances, the appeal is dismissed.

PITOHEORD, Y. C. J., and KANÉ, JOHNSON, McNEILL, and ELTING, JJ., concur.

Reference

Full Case Name: HAMILTON Et Al. v. CHERRY
Status: Published
Syllabus: (Syllabus.) Appeal and Error — Dismissal—Stipulations. Where all the plaintiffs in error, except one, have stipulated to dismiss _ their appeal, and that one has failed to file’ brief as required by rule 7 -of this court, the appeal will be dismissed.