The petition in error and transcript of the record was filed in this court on November 12, 1909. The plaintiff in error has failed to file any brief in the case. The petition in error shall therefore be dismissed for want of prosetion. Hass et al.v. McCampbell, 27 Okla. 290, 111 P. 543; Maddin v. McCormicket al., 27 Okla. 778, 117 P. 200; McClelland v. Witherall,infra, 119 P. 205; Bender v. Bender et al., infra,119 P. 205.
By the Court: It is so ordered.
All the Justices concur. *Page 297