Smith v. Wharton

Decided September 14, 1915

Supreme Court of Oklahoma · decided 1915-09-14

<p> Error from District Court, Muskogee County; R. P. de Gruffenreid, Judge. </p> <p>Action by Joe Smith and others against Maud Smith Wharton. Judgment for defendant', and plaintiffs bring error.-</p>

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1915-09-14

How this case has been cited

Cited by 5 later decisions — most recently March 1985

2 federal appellate · 1 district · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 Opinion by

DEVEREUX, C.

¶2 This cause was docketed in this court on October 16, Í913, and was regularly submitted on September 13, 1915, but no brief has been filed on behalf of the plaintiffs in error, and no extension of time asked for, and no excuse given for such failure. Rule 7 of this court, providing for the filing and • service of briefs, contains the provision that, in case of failure to comply with the requirements of the . rule, this court may continue the cause, or reverse or affirm the judgment, in its discretion. In order that we might intelligently exercise this discretion thus given us, we have carefully considered the case-made, and proceedings of the *186 trial court sought to be reviewed, and can discover no prejudicial error therein.

¶3 We therefore recommend that the judgment be affirmed.

¶4 By the Court: It is so ordered.