Whelchel v. Hembree

Supreme Court of Oklahoma

Whelchel v. Hembree

1949 OK 81, 205 P.2d 279, 201 Okla. 295, 1949 Okla. LEXIS 561

CourtSupreme Court of Oklahoma

DecidedApril 19, 1949

DocketNo. 33859

StatusPublished

Cited by1 cases

This text of 1949 OK 81 (Whelchel v. Hembree) 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

Whelchel v. Hembree, 1949 OK 81, 205 P.2d 279, 201 Okla. 295, 1949 Okla. LEXIS 561 (Okla. 1949).

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Opinion

O’NEAL, J.

This is a proceeding by O. L. Whelchel et al., to have declared illegal and void an election in a school district in Adair county.

Judgment was for the defendants, and the plaintiffs appeal.

The appeal was lodged in this court October 15, 1948, and thereafter, on October 20th, the defendants in error filed a motion to dismiss on the ground that the appeal is frivolous and taken for delay only. On the 23rd day of November, 1948, this court directed the plaintiffs in error to respond to the motion to dismiss. No response has been filed and no excuse for failure to respond has been made to this court. Under such circumstances, as held in Gartrell v. Federal Land Bank, 180 Okla. 523, 71 P. 2d 489, it is not the duty of this court to search for some theory of merit in the proceeding on appeal, but it may, in its discretion, dismiss the appeal as taken for delay only and without merit.

Under the rule announced, the appeal is dismissed.

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O’NEAL, J.

This is a proceeding by O. L. Whelchel et al., to have declared illegal and void an election in a school district in Adair county.

Judgment was for the defendants, and the plaintiffs appeal.

The appeal was lodged in this court October 15, 1948, and thereafter, on October 20th, the defendants in error filed a motion to dismiss on the ground that the appeal is frivolous and taken for delay only. On the 23rd day of November, 1948, this court directed the plaintiffs in error to respond to the motion to dismiss. No response has been filed and no excuse for failure to respond has been made to this court. Under such circumstances, as held in Gartrell v. Federal Land Bank, 180 Okla. 523, 71 P. 2d 489, it is not the duty of this court to search for some theory of merit in the proceeding on appeal, but it may, in its discretion, dismiss the appeal as taken for delay only and without merit.

Under the rule announced, the appeal is dismissed.

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Bluebook (online)

1949 OK 81, 205 P.2d 279, 201 Okla. 295, 1949 Okla. LEXIS 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whelchel-v-hembree-okla-1949.

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