Chicago, R. I. & P. Ry. Co. v. Sewall

Supreme Court of Oklahoma
Chicago, R. I. & P. Ry. Co. v. Sewall, 153 P. 143 (Okla. 1915)
52 Okla. 593; 1915 OK 947; 1915 Okla. LEXIS 329
Brett

Chicago, R. I. & P. Ry. Co. v. Sewall

Opinion of the Court

Opinion by

BRETT, C.

This action was commenced in the county court of Beckham county by the defendant in error as plaintiff, against the plaintiff in error as defendant, to recover damages alleged to be due by reason of injuries to a shipment of live stock. A trial was had, which resulted in judgment for the plaintiff, and defendant brings error.

The appeal was filed in this court August 6, 1913, and plaintiff in error on August 20, 1915, filed its brief. The defendant in error has filed no brief, and has assigned no reason for failure to do so, nor asked for an extension ip which to file brief.

We have examined the brief of plaintiff in error, and the record, and find that the contentions of plaintiff in error are reasonably supported by its brief. We, therefore, recommend that the judgment be reversed, and the cause remanded.

By the Court: It is so ordered.

Reference

Status
Published
Syllabus
APPEAL AND ERROR—Failure to File Brief—Decision on Appeal. Where the defendant in error filen no brief, if 'upon an examination of the brief of plaintiff in error and the record it is found that its contention is .reasonably supported by its brief, the judg- ' ment will be reversed. (Syllabus by Brett, 0.)