SIMMONS v. BERRYHILL et al.

SIMMONS v. BERRYHILL et al.
1915 OK 425
149 P. 1131
48 Okla. 98
Case Number: 4625
Decided: 06/08/1915
Supreme Court of Oklahoma

SIMMONS
v.
BERRYHILL et al.

Syllabus

¶0 APPEAL AND ERROR--Failure to File Brief--Affirmance. Where plaintiff in error has filed no brief, as required by rule 7 of this court (38 Okla. vi, 137 P. ix), the judgment of the trial court will be affirmed.

Error from District Court, Okmulgee County; Wade S. Stanfield, Judge.

Action by Jeanetta Berryhill against Addie Nero, nee Grayson, and others. Judgment for plaintiff, and defendant Jeff Simmons, a minor, by Orlando Swain, guardian ad litem, brings error. Affirmed.

Orlando Swain, for plaintiff in error.
M. A. Holcomb and T. J. Farrar, for defendants in error.

BLEAKMORE, C.

¶1 The petition in error and the transcript of the record in this case was filed in this court on December 4, 1912. Neither party has filed a brief, nor have they offered any excuse for the failure to do so. It is evident that the proceedings have been abandoned. The judgment of the trial court should, therefore, be affirmed, under rule 7 of this court (38 Okla. vi, 137 P. ix). Nicholson v. Barnes, 42 Okla. 250, 140 P. 1155.

¶2 By the Court: It is so ordered.