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Davis v. Elliott

Davis v. Elliott, 1910 OK 8, 106 P. 838
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
January 11, 1910
Docket
No. 240
Judges
Hayes
Citations
106 P. 8381910 OK 825 Okla. 4331910 Okla. LEXIS 285
Disposition
Dismissed.
Syllabus
APPEAL AND ERROR — Dismissal — Failure to File Briefs. Where plaintiff in error fails to comply with the rules of this court requiring him to serve a brief on counsel for defendant in error within 40 days after filing his petition in error, and at the same time to file 15 copies of his brief with the clerk of the ■court, his case, on being reached for submission, will be dismissed. (Syllabus 'by the Court.)
Summary
Error from District Court, Mayes County; T. L. Brown, Judge. Action between .Jack Davis and Sadie M. Elliott. From the judgment, Davis brings, error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hayes

Hayes, J.

This is an appeal from a judgment of the district court of Mayes county. Rule No. 7 of this court (20 Okla, viii, 95 Pac. vi ) requires.the plaintiff in error in each civil cause to serve a brief on counsel for defendant in error within 40 days after the petition in error has been filed, and at the-same time to file 15 copies of his brief with the clerk of the court. Although more than one year has elapsed since the filing of the petition in error herein before the case was reached for submission, no brief for plaintiff in error has ever been filed, and no extension of time asked for. By failure of plafin- *434 tiff in error to file his brief in support of his petition in error, he has waived his right to have his appeal heard in this court.

Le Breteon v. Swartzel, 14 Okla. 521 , 78

Pac. 323 ;

Walker et al. v. Hannewincle, 24 Okla. 521 , 103 Pac. 585 .

'This proceeding is dismissed.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1910: 11911: 31912: 11914: 11919: 219102026peak 1911 · 3

Relies on it most ⓘ

  1. Douglas v. Clayton Townsite Co.1911 OK 146, 115 P. 1016
  2. Spaulding Mfg. Co. v. Dill1914 OK 415, 155 P. 202
  3. McConkey v. Sorrell1911 OK 509, 120 P. 256
  4. Mayo v. Mills1911 OK 508, 119 P. 960
  5. Ridley v. Petty1919 OK 32, 178 P. 689
  6. Essex Storage Electric Co. v. Victory Lumber Co.108 A. 426 (Vt. 1919)

Most recent

  1. Essex Storage Electric Co. v. Victory Lumber Co.108 A. 426 (Vt. 1919)
  2. Ridley v. Petty1919 OK 32, 178 P. 689
  3. Oberly v. Harris1914 OK 488, 143 P. 663
  4. Spaulding Mfg. Co. v. Dill1914 OK 415, 155 P. 202
  5. McConkey v. Sorrell1911 OK 509, 120 P. 256
  6. Mayo v. Mills1911 OK 508, 119 P. 960

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Lebreton v. Swartzel, 1904 OK 103, 78 P. 323 5
Citizens' Nat. Bank of Chickasha v. Mitchell, 1909 OK 158, 103 P. 720 32
Walker v. Hannewincle, 1909 OK 206, 103 P. 585 8

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