Payne v. Beaty

Supreme Court of Oklahoma November 6, 1923

Payne v. Beaty, 220 P. 336 (Okla. 1923)

93 Okla. 164; 1923 OK 928; 1923 Okla. LEXIS 367

Jarman

Opinion of the Court

Opinion by

JARMAN, O.

This is an appeal from the district court of Bryan county. The plaintiffs in error filed their brief October 14, 1920. No brief has been filed by the defendant in error and no extension of time has been given to file same and no reason has been assigned by the defendant in error as to why he has not filed brief. The brief of the plaintiffs in error appears to reasonably sustain the assignments of error, and under the rule of this court, the record will not be searched to find some theory upon which the judgment of the lower court may be sustained.

The judgment of the lower court is reversed.

By the Court: It i® so ordered.

Reference

Full Case Name: PAYNE, Federal Agent of Railroads, Et Al. v. BEATY, Co. Treas.
Status: Published
Syllabus: Appeal and Error — Failure of Defendant in Error to File Brief — Reversal. Where the plaintiffs in error have duly filed and served brief in compliance with the rule of the Supreme Court, and defendant has neither filed brief nor offered excuse for failure so to do, the Supreme Court will not search the record to find some theory upon which the judgment may be sustained; but, where the brief filed appears reasoinobly to sustain any assignment of prejudiciaf error, the judgment will be reversed. (Syllabus by Jarman, C.)