Blessing v. Purdum

On the 20th day of September, 1950, a judgment in replevin was entered in favor of plaintiff against the defendants. Defendants appealed to this court from said judgment after the order overruling motion for new trial was entered, and on June 30, 1950, filed their brief. On October 5, 1951, a motion to dismiss was filed on the ground that the appeal is frivolous. This court called for response to the motion and no response has been filed and no excuse offered for such failure. As stated in Gartrell v. Federal Land Bank of Wichita, Kan., 180 Okla. 523, 71 P. 2d 489:

“Where a motion to dismiss…