BOARD OF COM'RS v. BRECKINRIDGE

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BOARD OF COM'RS v. BRECKINRIDGE
1914 OK 210
140 P. 1147
42 Okla. 205
Case Number: 3526
Decided: 05/12/1914
Supreme Court of Oklahoma

BOARD OF COM'RS OF TULSA COUNTY
v.
BRECKINRIDGE.

Syllabus

¶0 APPEAL AND ERROR---Briefs--Filing--Time. Where plaintiff in error does not file brief within the time allowed by rule 7 of this court (38 Okla. vi, 137 P. ix), nor before case is due to be taken on submission, the appeal will be treated as abandoned and dismissed.

Error from District Court, Tulsa County; L. M. Poe, Judge.

Action by M. A. Breckinridge against the Board of County Commissioners of Tulsa County, Okla., on salary claim. Judgment for plaintiff, and defendant brings error. Appeal dismissed.

Hainer, Martin, Bush & Murry, for plaintiff in error

THACKER, C.

¶1 On January 19, 1912, the case-made was filed in this court; on January 13, 1914, this case was due to be taken on submission; but the plaintiff in error has wholly failed to file briefs as required, by rule 7 of this court (38 Okla. vi, 137 P. ix), and has thus abandoned the appeal. See Wallingford v. Wood et al., 41 Okla. 572, 139 P. 252; Howard Mer. Co. et al. v. Squires, County Judge. et al., 41 Okla. 580, 139 P. 253; Clinton & O. W. RY. Co. v. Kansas City, M. & O. Ry. Co., 39 Okla. 141, 134 P. 442.

¶2 We are therefore of the opinion that the case should be treated as abandoned and dismissed. Dismissed.

¶3 By the Court: It is so ordered.

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