TINKER v. INKANISH

TINKER v. INKANISH
1915 OK 692
151 P. 1062
51 Okla. 460
Case Number: 5390
Decided: 09/28/1915
Supreme Court of Oklahoma

TINKER et al.
v.
INKANISH et al.

Syllabus

¶0 APPEAL AND ERROR--Failure to File Brief--Dismissal. Where plaintiff in error files no brief, and assigns no reason for his failure to do so, the appeal will be considered as abandoned, and under rule 7 (38 Okla. vi, 137 P. ix) the appeal dismissed.

Error from Superior Court, Custer County; T. W. Jones, Jr., Special Judge.

Action by E. C. Ballew, a taxpayer, against W. A. Taylor and others, County Commissioners of Custer County, and others. Judgment for plaintiff, and defendants bring error. Dismissed.

C. H. Carswell, for plaintiffs in error.
W. H. Starkweather, for defendants in error.

BRETT, C.

¶1 This is an action commenced in the district court of Caddo county by the plaintiffs in error against the defendants in error. Judgment was rendered for the defendants in this action, from which plaintiffs appeal. The appeal was filed in this court July 28, 1913, and was duly submitted upon the record September 13, 1915. The plaintiffs in error have filed no brief, and assigned no reason for their failure to do so, nor have they asked for additional time in which to file briefs. The appeal will therefore be considered as abandoned, and under rule 7 (38 Okla. vi, 137 P. ix), we recommend that the appeal be dismissed.

¶2 By the Court: It is so ordered.