Supreme Court of Oklahoma, 1917

In Re Gardner's Estate

In Re Gardner's Estate
Supreme Court of Oklahoma · Decided August 14, 1917 · PER CURIAM.
167 P. 212; 66 Okla. 69; 1917 OK 426; 1917 Okla. LEXIS 132

In Re Gardner's Estate

Opinion of the Court

PER CURIAM.

This ease-made was filed in this court May 20, 1914. The plaintiffs in error filed brief June 24, 1916. The defendants in error have not filed a brief, and have given no reason for not doing so.

We have examined the errors assigned in the brief of plaintiff in error, and the record upon which they are predicated, and the grounds urged for a reversal appear to be well taken. Under such a condition this court is not required to hunt authorities to support contention of defendants in error, or search the record to find some theory upon which the judgment below may be sustained; but, where the brief filed appears reasonably to sustain the assignments of error, the court will reverse the judgment, in accordance with the prayer of the petition of the plaintiff in error. Miles v. Bird, 41 Okla. 428, 138 Pac. 789, and cases cited.

This case is therefore reversed and remanded, with instructions to the probate court to grant the prayer of proponents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.