Clegg v. Board of Com'rs of Pawnee County

Supreme Court of Oklahoma

Clegg v. Board of Com'rs of Pawnee County

1911 OK 84, 114 P. 609, 28 Okla. 470, 1911 Okla. LEXIS 129

Supreme Court of Oklahoma·Decided March 21, 1911·No. 1656·Published

Opinion

KANE, J.

This cause comes on to be heard upon the motion of defendant in error to dismiss the appeal herein, for the reason that no briefs have been filed or served in said; cause, although said appeal was taken more than siy months ago, and it is therefore manifest that said appeal was taken for the purpose of delay only.

As there is no appearance by the plaintiff in error resisting this motion, and no request made for leave to file briefs out of time, we think there is room for the inference of counsel that the appeal was taken for the purpose of delay, and the motion to dismiss is accordingly sustained.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

KANE, J.

This cause comes on to be heard upon the motion of defendant in error to dismiss the appeal herein, for the reason that no briefs have been filed or served in said; cause, although said appeal was taken more than siy months ago, and it is therefore manifest that said appeal was taken for the purpose of delay only.

As there is no appearance by the plaintiff in error resisting this motion, and no request made for leave to file briefs out of time, we think there is room for the inference of counsel that the appeal was taken for the purpose of delay, and the motion to dismiss is accordingly sustained.

All the Justices concur.

Clegg v. Board of Com'rs of Pawnee County, 1911 OK 84, 114 P. 609, 28 Okla. 470, 1911 Okla. LEXIS 129 (Okla. 1911).

Pincite

1911 OK 84 (Clegg v. Board of Com'rs of Pawnee County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.