198 P. 850 | Okla. | 1921
This is an appeal from a judgment of the district court of Garvin county holding that the lands allotted to freedmen of the Chickasaws, by virtue of the provisions of the act of Congress of July 1, 1902, c. 1362, 32 Stat. 641, are subject to taxation. The district court held said lands were taxable, and from said judgment the plaintiff has appealed.
Plaintiff in error in his brief concedes that this identical question was decided adversely to him by this court in the case of Allen v. Trimmer,
"A plausible, but not convincing, argument in the brief, unsupported by citation of authority, is not sufficient to overcome the presumption indulged by the Supreme Court in favor of the correctness of the judgment of the trial court." Arbuckle Min. Mill. Co. v. Beard,
This court does not feel bound to brief the case for plaintiff in error and defendant in error both, and then write the opinion. Defendant in error has filed no brief, and the plaintiff in error's brief simply calls the court's attention to the dissenting opinion and the statement of this courts opinion dealing with the Choctaw freedmen that the court had some doubt as to the correctness of the judgment in the case of Allen v. Trimmer, supra. This is not enough to overcome the presumption that the judgment of the trial court is correct.
For the reasons stated, the judgment of the district court is affirmed.
HARRISON, C. J., and PITCHFORD, ELTING, and NICHOLSON, JJ., concur.