Opinion
No. 17877
Opinion Filed January 25, 1927.
(Syllabus.)
Appeal and Error — Failure to File Brief — Dismissal.
Where plaintiff in error files no brief within the time required by rule 7 of this court, and neither asks for nor obtains an extension of time in which to file same, and assigns no reason for his failure to do so, the appeal will be considered as abandoned, and under rule 7 the appeal is dismissed.
Error from District Court, Tulsa County; Edwin R. McNeill, Judge.
Action between J.A. Twitchell and W.A. Chamness and others. From the judgment J.A. Twitchell appeals. Appeal dismissed.
O.S. Booth, for plaintiff in error.
Yancey Fist, for defendants in error.
This appeal was filed in this court on October 14, 1926. Under rule 7 of this court, plaintiff in error is required to file his brief in this court within 40 days from that date unless otherwise ordered, and upon failure to comply with this requirement, the court may dismiss the appeal. The time for filing brief in this case expired November 24, 1926, and more than 90 days have elapsed since the filing of said case in this court. No briefs have been filed and no order has been requested or made extending the time in which to file same, and no reason has been assigned for his failure to do so.
Under these conditions the appeal will be considered as abandoned. Under authority of Taylor v. Ballew, 51 Okla. 461, 151 P. 1071, this case is dismissed.