Opinion
No. 21358
Opinion Filed February 14, 1933.
(Syllabus.)
Appeal and Error — Reversal for Failure to File Answer Brief.
Section 1 of the syllabus in the case of Ellis v. Outler, 25 Okla. 469, 106 P. 957, is adopted and made the syllabus in this case.
Appeal from District Court, Osage County; Jesse J. Worten, Judge.
Action by John Kennedy, administrator of estate of Louis Rogers, Jr., to obtain a judgment to pay 40 per cent. of certain claims. Judgment for applicant, and Rosalie Avant Downey and Daisy Rogers appeal. Reversed and remanded, with directions.
W.D. Pierson, John W. Tillman, Fred A. Tillman, and L.A. Justus, Jr., for plaintiffs in error.
Robert Stewart, J.M. Humphreys, Warren K. Snyder, Hamilton. Bross Howard, Leahy, MacDonald, Maxey Files, R.E. Bowling. A.P. Carr, Gray Palmer, and Wilkerson Brown, for defendants in error.
Upon the authority of Ellis v. Outler, 25 Okla. 469, 106 P. 957, this cause is reversed and remanded, with directions to the trial court to vacate the order and judgment heretofore entered in accordance with the prayer of the petition in error for the reason that the defendant in error has failed to comply with the requirements of this court under rule 7.
Note. — See under (1) 2. R. C. L. 176; R. C. L. Perm. Supp. p. 360.