Ryan v. Brown

Supreme Court of Oklahoma

Ryan v. Brown

1907 OK 129, 91 P. 894, 19 Okla. 238, 1907 Okla. LEXIS 189

CourtSupreme Court of Oklahoma

DecidedSeptember 5, 1907

StatusPublished

Cited by1 cases

This text of 1907 OK 129 (Ryan v. Brown) 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

Ryan v. Brown, 1907 OK 129, 91 P. 894, 19 Okla. 238, 1907 Okla. LEXIS 189 (Okla. 1907).

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Opinion

Opinion of the court by

Burwell, J.:

This is an action for injunction commenced by the appellant in the district court of Garfield county against the appellee. Judgment was rendered denying'the injunction and taxing the costs to the plaintiff below. He brings the case here on appeal, but, although the case was filed in this court on November 6, 1906, appellant has not filed any briefs with the clerk of the district court. Eule No. 6 of the rules of this court requires an appellant to serve his brief upon the appellee within forty days after his appeal is filed in this court, and at the time to file with the supreme court clerk fifteen copies of such brief; and the rule further provides that, for a failure to comply with the rule, the court may continue or dismiss the cause, or reverse or affirm the judgment.

No excuse is offered for failure on the part of the appellant to brief his case; no error has been pointed out to this court, and the presumption is that the judgment is correct.

Therefore it will be affirmed, at the cost of appellant.

Pancoast, J., who presided in the court below, not sitting; Irwin, J., absent; all the other Justices concurring.

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Opinion of the court by

Burwell, J.:

This is an action for injunction commenced by the appellant in the district court of Garfield county against the appellee. Judgment was rendered denying'the injunction and taxing the costs to the plaintiff below. He brings the case here on appeal, but, although the case was filed in this court on November 6, 1906, appellant has not filed any briefs with the clerk of the district court. Eule No. 6 of the rules of this court requires an appellant to serve his brief upon the appellee within forty days after his appeal is filed in this court, and at the time to file with the supreme court clerk fifteen copies of such brief; and the rule further provides that, for a failure to comply with the rule, the court may continue or dismiss the cause, or reverse or affirm the judgment.

No excuse is offered for failure on the part of the appellant to brief his case; no error has been pointed out to this court, and the presumption is that the judgment is correct.

Therefore it will be affirmed, at the cost of appellant.

Pancoast, J., who presided in the court below, not sitting; Irwin, J., absent; all the other Justices concurring.

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Bluebook (online)

1907 OK 129, 91 P. 894, 19 Okla. 238, 1907 Okla. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-brown-okla-1907.

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