SEQUOYAH CLUB v. WARD

SEQUOYAH CLUB v. WARD
1918 OK 480
174 P. 747
71 Okla. 1
Case Number: 9102
Decided: 08/20/1918
Supreme Court of Oklahoma

SEQUOYAH CLUB
v.
WARD, County Treasurer.

Syllabus

¶0 Appeal and Error--Failure to File Brief--Affirmance.
Where plaintiff in error fails to serve and file brief as prescribed by rule 7 of this court (47 Okla. vi, 165 P. vii), no excuse being offered therefor, the judgment of the trial court should be affirmed.

Error from District Court, Cherokee County; John H. Pitchford, Judge.

Action by the Sequoyah Club against Henry Ward, County Treasurer of Cherokee County. From a judgment sustaining a demurrer to the petition, plaintiff brings error. Affirmed.

J. C. Denton, for plaintiff in error.
Henry M. Vance, for defendant in error.

RAINEY, J.

¶1 This is an appeal from an order of the district court of Cherokee county, sustaining a demurrer to the plaintiff's petition for an injunction against the defendant from advertising and selling certain of plaintiff's lands for taxes.

¶2 The petition in error and case-made were filed in this court on May 3, 1917, and the cause was finally submitted to this court on June 11, 1918. On May 28, 1918, an order was made, allowing plaintiff until June 11, 1918, to file brief. Up to the present time no brief has been filed by the plaintiff in error, as required by rule 7 of this court (47 Okla. vi, 165 P. vii), and no further request for an extension of time to serve and file brief has been made by plaintiff in error, nor has it offered any excuse for its failure to serve and file such brief.

¶3 For these reasons, the judgment appealed from is affirmed.