Niles v. Niles

Gladys Niles, plaintiff, filed an action for divorce against Robert Niles, defendant, and he has appealed from a judgment in her fayor.

*205A motion to dismiss Has been filed by plaintiff on several grounds, one of which is that the case-made was not filed in the office of the court clerk as provided by 12 O.S. 1941 §958.

This court called for the defendant to respond to the motion to dismiss, but the defendant has filed no response and has offered no excuse for such failure. Under these circumstances, as stated by this court in French v. Bragg, 177 Okla. 43, 55 P. 2d 953, it is not the duty of…