SIMMER v. GRAY

SIMMER v. GRAY
1923 OK 737
218 P. 1057
92 Okla. 235
Case Number: 11966
Decided: 10/02/1923
Supreme Court of Oklahoma

SIMMER et ux.
v.
GRAY et al.

Syllabus

¶0 Appeal and Error--Failure to File Brief--Dismissal. Where the plaintiff in error files no brief as required by Rule 7 of this court, the appeal will be dismissed for want of prosecution.

J. H. Linebaugh and Paul Pinson, for plaintiffs in error.
Wright, Huddleston & Stephenson, for defendants in error.

PINKHAM, C.

 
¶1 This cause comes on to be heard upon motion of the defendants in error to dismiss the appeal for the reason that on April 18, 1923, this court ordered plaintiffs in error to file their brief on or before. July 1, 1923; and that said plaintiffs in error have failed and neglected to file said brief, or to serve copy thereof as required by Rule 7 of this court. An examination of the record shows that the plaintiffs in error are in default in failing to file briefs, although the time for so doing has long since expired. The motion to dismiss must be sustained. Bank of Taft v. Thompson, 29 Okla. 683, 119 P. 124; Cox v. Rogers, 30 Okla. 296, 119 P. 205.