Simmons v. State

Supreme Court of Oklahoma

Simmons v. State

1915 OK 1073, 153 P. 1159, 54 Okla. 407, 1916 Okla. LEXIS 1003

CourtSupreme Court of Oklahoma

DecidedDecember 21, 1915

Docket4685

StatusPublished

Cited by2 cases

This text of 1915 OK 1073 (Simmons 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

Simmons v. State, 1915 OK 1073, 153 P. 1159, 54 Okla. 407, 1916 Okla. LEXIS 1003 (Okla. 1915).

Pincite

Opinion

Opinion by

DUDLEY, C.

This is an appeal from the county court of Woodward county. The appeal was filed in this court on the 26th day of December, 1912. On May 26, 1915, the cause was stricken from the assignment and continued for the term, and the plaintiff in error given time to file a brief. The cause was reassigned before this division and submitted on September 7, 1915. At this time plaintiff in error had not filed his brief. On October 4, 1915, the defendant in error filed a motion to dismiss the appeal or affirm the judgment of the trial court for want of prosecution. On October 9, 1915, the motion was sustained, and the appeal dismissed for want of prosecution. On the 12th day of October, the order of dismissal was vacated, and the plaintiff in *408 error given until October 17th to file brief; but no brief has been filed, and it is evident that the appeal has been abandoned.

The judgment of the- trial court should be affirmed, under rule 7 of this court (38 Okla. vi, 137 Pac. ix). Wright et al. v. State, 42 Okla. 251, 140 Pac. 1147; Thomas v. Henderson, 46 Okla. 690, 148 Pac. 839.

By the Court: It is so ordered.

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Opinion by

DUDLEY, C.

This is an appeal from the county court of Woodward county. The appeal was filed in this court on the 26th day of December, 1912. On May 26, 1915, the cause was stricken from the assignment and continued for the term, and the plaintiff in error given time to file a brief. The cause was reassigned before this division and submitted on September 7, 1915. At this time plaintiff in error had not filed his brief. On October 4, 1915, the defendant in error filed a motion to dismiss the appeal or affirm the judgment of the trial court for want of prosecution. On October 9, 1915, the motion was sustained, and the appeal dismissed for want of prosecution. On the 12th day of October, the order of dismissal was vacated, and the plaintiff in *408 error given until October 17th to file brief; but no brief has been filed, and it is evident that the appeal has been abandoned.

The judgment of the- trial court should be affirmed, under rule 7 of this court (38 Okla. vi, 137 Pac. ix). Wright et al. v. State, 42 Okla. 251, 140 Pac. 1147; Thomas v. Henderson, 46 Okla. 690, 148 Pac. 839.

By the Court: It is so ordered.

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Bluebook (online)

1915 OK 1073, 153 P. 1159, 54 Okla. 407, 1916 Okla. LEXIS 1003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-okla-1915.

Opinion

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