Belknap Hdwe. & Mfg. Co. v. Fowler
Belknap Hdwe. & Mfg. Co. v. Fowler
Opinion of the Court
The plaintiff in error, Bel-knap Hardware & Manufacturing Company, a corporation, prosecutes this appeal from the county court of Cotton county, Okla., to reverse a judgment rendered, by said court in civil cause No. 164 on -the docket of said court, wherein the defendant in error, J. A. Fowler, recovered a judgment for a certain sum of money against the plaintiff in error. Numerous errors are' assigned for the reversal of this cause, and to support the same the plaintiff in error on August 15, 1923, filed a brief herein, which was duly served upon the defendant.
The defendant in error. has filed no answer brief in this cause, nor ; requested, any extensión of time within which to file the same.
The well-established rule of this court is that where the. plaintiff in error files brief to support the assignments of error set out in the petition in error, and the defendant in error does not filé a brief within the time provided by the rule of this court, nor request an extension of time within which to file such brief, tbis court will not search the record with the view, of ascertaining some theory .on which the judgment of the trial court may .be affirmed, but if the brief of the plaintiff in error reasonably sustains the assignments of error made, this court will reverse and remand the cause to the trial court.
We have examined the brief filed in support of the assignments of error,' and the same reasonably sustains the assignments, and following the rule, supra, this cause is reversed and remanded to- the county court of Cotton county for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.