MCCLELLAND v. WITHERALL.

MCCLELLAND v. WITHERALL.
1911 OK 471
119 P. 205
30 Okla. 287
Case Number: 1211
Decided: 11/18/1911
Supreme Court of Oklahoma

MCCLELLAND
v.
WITHERALL.

Syllabus

¶0 APPEAL AND ERROR--Dismissal--Failure to File Briefs. Where plaintiff in error files no brief, as required by rule 7 of this court (20 Okla viii, 95 P. vi), the appeal will be dismissed for want of prosecution.

Error from District Court, Cherokee County; James I. Coursey, Special Judge.

Action by Daisy McClelland against R. A. Witherall. Judgment for defendant, and plaintiff brings error. Dismissed.

Bruce L. Keenan, for plaintiff in error.
Soper, Huckleberry & Owen, for defendant in error.

ROSSER, C.

¶1 The petition in error and transcript of the record was filed in this court November 11, A. D. 1909. The plaintiff in error has failed to file any brief in the case. The petition in error should therefore be dismissed, for want of prosecution. Hass v. McCampbell, 27 Okla. 290, 111 P. 543; Maddin v. McCormick et al., 27 Okla. 778, 117 P. 200, and cases there cited; Bender v. Bender et al., infra, 119 P. 205; Cox v. Rogers, infra, 119 P. 205.

¶2 By the Court: It is so ordered.

¶3 All the Justices concur.