Patterson v. Barnwell

Supreme Court of Oklahoma

Patterson v. Barnwell

1915 OK 118, 147 P. 1197, 47 Okla. 34, 1915 Okla. LEXIS 105

CourtSupreme Court of Oklahoma

DecidedMarch 2, 1915

Docket5750

StatusPublished

Cited by1 cases

This text of 1915 OK 118 (Patterson v. Barnwell) 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

Patterson v. Barnwell, 1915 OK 118, 147 P. 1197, 47 Okla. 34, 1915 Okla. LEXIS 105 (Okla. 1915).

Pincite

Opinion

KANE, C. J.

This cause comes on to be heard upon a motion by the defendants in error to dismiss the appeal of the plaintiffs in error, for the reason that the same was taken and prosecuted merely for the purpose of delay, and said appeal is frivolous and contains no merit, as is shown by the record in said cause attached to the petition in error filed herein.

The motion and the showing, attached thereto, which, although served upon opposing counsel, are unresisted, disclose about the same condition as existed in Skirvin v. Goldstein, 40 Okla. 315, 137 Pac. 1176; Skirvin v. Bass Fur. Co., 43 Okla. 440, 143 Pac. 190, and Kirkland v. Trezevant, 38 *35 Okla. 445, 134 Pac. 1198. In those cases, as in this, the record disclosed that the plaintiff in error had no legal defense to the cause of action in the trial court and offered no defense thereto. In such circumstances, it is held that the appeal is manifestly frivolous and without merit, and should be dismissed upon motion for that purpose. The motion to dismiss is therefore sustained.

All the Justices concur.

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KANE, C. J.

This cause comes on to be heard upon a motion by the defendants in error to dismiss the appeal of the plaintiffs in error, for the reason that the same was taken and prosecuted merely for the purpose of delay, and said appeal is frivolous and contains no merit, as is shown by the record in said cause attached to the petition in error filed herein.

The motion and the showing, attached thereto, which, although served upon opposing counsel, are unresisted, disclose about the same condition as existed in Skirvin v. Goldstein, 40 Okla. 315, 137 Pac. 1176; Skirvin v. Bass Fur. Co., 43 Okla. 440, 143 Pac. 190, and Kirkland v. Trezevant, 38 *35 Okla. 445, 134 Pac. 1198. In those cases, as in this, the record disclosed that the plaintiff in error had no legal defense to the cause of action in the trial court and offered no defense thereto. In such circumstances, it is held that the appeal is manifestly frivolous and without merit, and should be dismissed upon motion for that purpose. The motion to dismiss is therefore sustained.

All the Justices concur.

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Bluebook (online)

1915 OK 118, 147 P. 1197, 47 Okla. 34, 1915 Okla. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-barnwell-okla-1915.

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