Johnson v. State

Supreme Court of Oklahoma

Johnson v. State

1920 OK 218, 190 P. 409, 78 Okla. 251, 1920 Okla. LEXIS 373

CourtSupreme Court of Oklahoma

DecidedMay 25, 1920

Docket9568

StatusPublished

Cited by2 cases

This text of 1920 OK 218 (Johnson v. State) 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

Johnson v. State, 1920 OK 218, 190 P. 409, 78 Okla. 251, 1920 Okla. LEXIS 373 (Okla. 1920).

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Opinion

BAILEY, J.

Petition in error and ease-made in this cause was filed in this court on November 3, 1917. The cause was regularly assigned for hearing and submitted, and on the 20th day of January, 1920, an opinion filed in said cause dismissing the same for failure ¡to file briefs. On the 17th day of February, 1920, on showing that attorneys in said cause were unaware of the assignment of the cause and that no notice of such assignment had been received by them, the opinion filed was withdrawn, said dismissal was set aside and the attorneys allowed 15 days within which to file briefs. Although the time allowed for filing such briefs has long since expired, neither party to the appeal has filed a brief, or offered an excuse for failure to do so. Under the well-established rule and practice of this court, it will be presumed that the appeal has been abandoned, and the same will be dismissed.

And it is so ordered.

All the Justices concur.

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BAILEY, J.

Petition in error and ease-made in this cause was filed in this court on November 3, 1917. The cause was regularly assigned for hearing and submitted, and on the 20th day of January, 1920, an opinion filed in said cause dismissing the same for failure ¡to file briefs. On the 17th day of February, 1920, on showing that attorneys in said cause were unaware of the assignment of the cause and that no notice of such assignment had been received by them, the opinion filed was withdrawn, said dismissal was set aside and the attorneys allowed 15 days within which to file briefs. Although the time allowed for filing such briefs has long since expired, neither party to the appeal has filed a brief, or offered an excuse for failure to do so. Under the well-established rule and practice of this court, it will be presumed that the appeal has been abandoned, and the same will be dismissed.

And it is so ordered.

All the Justices concur.

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Bluebook (online)

1920 OK 218, 190 P. 409, 78 Okla. 251, 1920 Okla. LEXIS 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-okla-1920.

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