Opinion

Atkinson v. Shaffer

  • 187 Okla. 262
  • 102 P.2d 943
  • 1940 OK 232
  • 1940 Okla. LEXIS 206
Court
Supreme Court of Oklahoma
Filed
May 7, 1940
Status
Published
On the bench
Bayless, Welch, Riley, Hurst, Danner
Cited by
6 cases
Authority
More cited than 79.3%

The opinion

PER CURIAM.

This was an action on a promissory note. Judgment was for the plaintiff against the defendants. No defense was presented in the trial court. A motion to dismiss has been filed on the ground that the appeal is frivolous and taken for delay only. A response to said motion fails to point out or suggest any defense. This court has held that where on an examination of the record and the motion to dismiss, together with the response made thereto, it is shown that no issue is presented, the appeal will be dismissed. Smith v. Graham Brown Shoe Co., 179 Okla. 559 , 67 P. 2d 448 ; Smith v. Aronoff, 179 Okla. 560 , 67 P. 2d 447 . Such is the situation in the case at bar.

The appeal is dismissed.

BAYLESS, C. J., WELCH, V. C. J., and RILEY, HURST, and DANNER, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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