MCCONKEY v. SORRELL et al.

MCCONKEY v. SORRELL et al.
1911 OK 509
120 P. 256
30 Okla. 521
Case Number: 1375
Decided: 12/12/1911
Supreme Court of Oklahoma

MCCONKEY
v.
SORRELL et al.

Syllabus

¶0 APPEAL AND ERROR--Dismissal--Failure to File Briefs. Where plaintiff in error fails to comply with the rules of this court, requiring him to serve a brief on counsel for defendant in error within forty days after filing his petition in error, and at the same time to file fifteen copies of his brief with the clerk of the court, his case, on being reached for submission, will be dismissed. Follawing Davis v. Elliott, 25 Okla. 433, 106 P. 838.

Error from District Court, Ottawa County; T. L. Brown, Judge.

Action by Ed M. McConkey against Robert Sorrell, in which John T. Hukill interpleaded. From a judgment of dismissal, plaintiff brings error. Dismissed.

Edward E. Sapp and John S. Hale, for plaintiff in error
Verne E. Thompson and W. Y. Quigley, for defendant in error
W. H. Kornegay, for interpleader

SHARP, C.

¶1 This is an appeal from the judgment of the district court of Ottawa county. Rule 7 of this court (20 Okla. viii, 95 P. vi) requires plaintiff in error in a civil cause to serve a brief on counsel for defendant in error within forty days after the petition in error has been filed, and at the same time to file fifteen copies of his brief with the clerk of the court. The petition in error in this case was filed January 31, 1910. Plaintiff in error has made no effort to comply with the foregoing rule, neither has he asked for any extension of time. By reason of his failure to file briefs in support of his petition in error, he will be held to have abandoned his appeal and waived his right to have the same heard in this court. Davis v. Elliott, 25 Okla. 433, 106 P. 838.

¶2 The appeal should be dismissed.

¶3 By the Court: It is so ordered.

¶4 All the Justices concur.