LOVELACE v. CASEY

LOVELACE v. CASEY
1915 OK 622
151 P. 846
51 Okla. 239
Case Number: 4536
Decided: 09/14/1915
Supreme Court of Oklahoma

LOVELACE
v.
CASEY.

Syllabus

¶0 APPEAL AND ERROR--Failure to Serve and File Briefs--Affirmance. Where plaintiff in error fails to serve and file briefs, as required by rule 7 of this court (38 Okla. vi, 137 P. ix), or to excuse such failure, and the case has been submitted upon the petition in error with case-made attached, the judgment of the trial court may be affirmed upon the ground of such failure.

THACKER, C.

¶1 The plaintiff in error, who was plaintiff in the trial court, has wholly failed to serve and file briefs, as required by rule 7 of this court (38 Okla. vi, 137 P. ix), or to excuse his failure to do so; and this case has been submitted for decision upon the petition in error, with case-made attached. Following the case of Wright et al. v. State, 42 Okla. 251, 140 P. 1147, the judgment of the trial court should be affirmed for failure of plaintiff in error to serve and file briefs.

¶2 By the Court: It is so ordered.