Opinion
No. 1460
Opinion Filed November 16, 1910.
APPEAL AND ERROR — Failure to File Briefs. Syllabus same as in Horner et al. v. Goltry Sons., 23 Okla. 905.
(Syllabus by the Court.)
Error from Payne County Court; P. D. Mitchell, Judge.
Action between H. L. Doggett and The Des Moines Fire Insurance Company. From the judgment, the insurance company brings error. Dismissed.
Lowry Lowry, for plaintiff in error.
Freeman E. Miller, for defendant in error.
No brief was filed in this cause within the time required by rule 7 of this court (20 Okla. vii); and, although an extension of ninety days has been granted and expired, plaintiff in error has yet filed no brief. It follows, upon the authority of Horner et al. v. Goltry Sons, 23 Okla. 905, that defendant in error's motion to dismiss should be sustained, and it is so ordered.
All the Justices concur.