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McKAIN v. J. I. CASE THRESHING MACH. CO

Supreme Court of Oklahoma.
Dec 3, 1912

APPEAL AND ERROR — Affirmance — Failure to Prosecute. Judgment was rendered in the court below against a party for a certain sum, and a proceeding in error instituted in this court, which such party fails to prosecute. Said judgment having been superseded, on motion, the same will be affirmed.

(Syllabus by the Court.)

WILLIAMS, J.

This cause comes on to be heard upon the motion of the defendant in error to affirm the judgment of the court below.

Upon the authority of Merchants' Planters' Ins. Co. v. Crane et al., 31 Okla. 713, 123 P. 1127, the judgment of the lower court is affirmed.

All the Justices concur.