Peck v. Hughey

Supreme Court of Oklahoma
Peck v. Hughey, 161 P. 1081 (Okla. 1916)
63 Okla. 47; 161 P. 1057; 1916 Okla. LEXIS 1376
Hardy

Peck v. Hughey

Opinion of the Court

HARDY, J.

Plaintiff in error filed his brief herein February 11, 1916, and duly served same upon defendants in error, since which time defendants in error have neither filed a brief nor offered an excuse for such failure; and under the repeated decisions of this court, we are not required to search the record to find some theory upon which the judgment of the court below may be sustained, but may, where plaintiff in error’s brief appears reasonably to sustain the assignments of error, reverse the case in accordance with the prayer of the petition.

It appearing that the assignments of error relied upon are reasonably sustained by the brief filed, the judgment is reversed, and the cause remanded.

All the Justices concur.

Reference

Full Case Name
PECK v. HUGHEY Et Al.
Status
Published
Syllabus
(Syllabus by the Court.) Appeal and Error — Briefs—Reversal for Failure to File. Where plaintiff in error has served and fiied his brief in compliance with the rules of this court, and defendant in error has neither filed a brief nor offered any excuse for his failure to do so, and where the brief filed appears reasonably to sustain the assignments of error, the Supreme Court may reverse the ease in accordance with the prayer of the petition.