Atkinson v. Shaffer

Supreme Court of Oklahoma

Atkinson v. Shaffer

1940 OK 232, 102 P.2d 943, 187 Okla. 262, 1940 Okla. LEXIS 206

CourtSupreme Court of Oklahoma

DecidedMay 7, 1940

DocketNo. 29652.

StatusPublished

Cited by6 cases

This text of 1940 OK 232 (Atkinson v. Shaffer) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atkinson v. Shaffer, 1940 OK 232, 102 P.2d 943, 187 Okla. 262, 1940 Okla. LEXIS 206 (Okla. 1940).

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Opinion

PER CURIAM.

This was an action on a promissory note. Judgment was for the plaintiff against the defendants. No defense was presented in the trial court. A motion to dismiss has been filed on the ground that the appeal is frivolous and taken for delay only. A response to said motion fails to point out or suggest any defense. This court has held that where on an examination of the record and the motion to dismiss, together with the response made thereto, it is shown that no issue is presented, the appeal will be dismissed. Smith v. Graham Brown Shoe Co., 179 Okla. 559, 67 P. 2d 448; Smith v. Aronoff, 179 Okla. 560, 67 P. 2d 447. Such is the situation in the case at bar.

The appeal is dismissed.

BAYLESS, C. J., WELCH, V. C. J., and RILEY, HURST, and DANNER, JJ., concur.

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PER CURIAM.

This was an action on a promissory note. Judgment was for the plaintiff against the defendants. No defense was presented in the trial court. A motion to dismiss has been filed on the ground that the appeal is frivolous and taken for delay only. A response to said motion fails to point out or suggest any defense. This court has held that where on an examination of the record and the motion to dismiss, together with the response made thereto, it is shown that no issue is presented, the appeal will be dismissed. Smith v. Graham Brown Shoe Co., 179 Okla. 559, 67 P. 2d 448; Smith v. Aronoff, 179 Okla. 560, 67 P. 2d 447. Such is the situation in the case at bar.

The appeal is dismissed.

BAYLESS, C. J., WELCH, V. C. J., and RILEY, HURST, and DANNER, JJ., concur.

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Bluebook (online)

1940 OK 232, 102 P.2d 943, 187 Okla. 262, 1940 Okla. LEXIS 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkinson-v-shaffer-okla-1940.

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