SELLS v. State ex rel. WYBRANT Co. Atty.

SELLS v. State ex rel. WYBRANT Co. Atty.
1915 OK 192
148 P. 131
46 Okla. 54
Case Number: 4336
Decided: 04/20/1915
Supreme Court of Oklahoma

SELLS et al.
v.
State ex rel. WYBRANT, Co. Atty.

Syllabus

¶0 APPEAL AND ERROR--Dismissal--Failure to File Brief. Where plain_ tiff in error fails and neglects to file briefs in a cause, as required by court rule 7 (38 Okla. vi 95 Pac. vii), the cause will be dismissed.

Error from County Court, Woodward County; Clyde H. Wyand, Judge.

Action by the State, on the relation of O. C. Wybrant, County Attorney of Woodward County, against Julia C. Sells and another. Judgment for relator, and defendants bring error. Appeal dismissed.

Hoover, Cowgill & Swindall, for plaintiffs in error.
O. C. Wybrant, Co. Atty., pro se.

COLLIER, C.

¶1 This is an action begun by the state on relation of O. C. Wybrant, county attorney of Woodward county, against Julia C. Sells and John Lennington for an injunction to abate a common nuisance in the town of Supply. Upon the final hearing of the cause in the county court of said county, it was ordered that said nuisance be abated, and from said order this appeal is taken.

¶2 Each plaintiff and defendant in error has failed to filed briefs. Rule 7 of this court requires briefs to be filed in causes; and, since neither plaintiff in error nor defendant in error has filed a brief in this case, the appeal should be dismissed. Turner Hdw. Co. v. John Deere Plow Co., 39 Okla. 638, 136 P. 417.

¶3 By the Court: It is so ordered.