SHIPMAN v. PORTER

SHIPMAN v. PORTER
1916 OK 93
154 P. 1185
55 Okla. 120
Case Number: 6649
Decided: 01/25/1916
Supreme Court of Oklahoma

SHIPMAN
v.
PORTER.

Syllabus

¶0 APPEAL AND ERROR--Failure to File Brief- -Affirmance. Where plaintiff in error fails to file brief under rule 7 (38 Okla. vi. 137 P. ix) of this court, and an examination of the record discloses that the appeal is without merit and was prosecuted for delay, the judgment appealed from may be affirmed.

Biddison & Campbell, for plaintiff in error.
Geo. T. Brown, for defendant in error.

MATHEWS, C.

¶1 No brief having been filed herein by the plaintiff in error, and the defendant in error having filed a motion to dismiss for that reason on November 15, 1915, and having since filed an additional motion to affirm for failure to file brief, and neither of these motions having received any response from the plaintiff in error, the court is of the opinion that the appeal was for delay only, and, under rule No. 7 of this court (38 Okla. vi, 137 P. ix), we recommend that the judgment be affirmed.

¶2 By the Court: It is so ordered.