Eisiminger v. Kelly
Cases that cite this one
31 later published cases cite this decision. The 25 that cite it most often are listed here.
- Oklahoma Packing Co. v. Oklahoma Gas & Electric Co. (Supreme Court of the United States 1940)
- Oklahoma Natural Gas Co., a Division of Oneok Inc. v. Corporation Commission (Okla. 1992)
- Oec v. Og&e (Okla. 1999)
- Oklahoma Electric Cooperative, Inc. v. Oklahoma Gas & Electric Co. (Okla. 1999)
- Oklahoma Gas & Electric Co. v. Total Energy, Inc. (Okla. 1972)
- State Ex Rel. Williamson v. Garrison (Okla. 1959)
- Wadley v. American Window Glass Company (Okla. 1959)
- Choctaw Electric Co-Operative, Inc. v. Redman (Okla. 1954)
- Ex Parte Houston (Okla. Crim. App. 1950)
- Wilson & Co. v. Oklahoma Gas & Elec. Co. (Okla. 1942)
- State Ex Rel. Cartwright v. Southwestern Bell Telephone Co. (Okla. 1983)
- State v. Oklahoma Gas and Electric Company (Okla. 1975)
- Greater Wilmington Transportation Authority v. Kline (Superior Court of Delaware 1971)
- Gibson v. Elmore City Telephone Company (Okla. 1966)
- The Intermountain Rural Electric Association v. Colorado Central Power Company (10th Cir. 1963)
- Intermountain Rural Electric Ass'n v. Colorado Central Power Co. (10th Cir. 1963)
- Georgia Power Co. v. Georgia Public Service Commission (Ga. 1954)
- Halifax Paper Co. v. Roanoke Rapids Sanitary District (N.C. 1950)
- Croxton v. State (Okla. 1939)
- Oklahoma Packing Co. v. Oklahoma Gas & Electric Co. (10th Cir. 1938)
- Conrad v. State Industrial Commission (Okla. 1937)
- Oklahoma Gas & Electric Co. v. Wilson & Co. (Okla. 1936)
- Derr v. Weaver (Okla. 1935)
- Oklahoma Gas & Electric Co. v. Oklahoma Packing Co. (Supreme Court of the United States 1934)
- Lone Star Gas Co. v. Corporation Commission (Okla. 1934)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This appeal is from the judgment of the district court of Oklahoma county. The plaintiff in error was plaintiff below. The plaintiff in error in due time served and filed his brief in full compliance with the rules of this court, but the defendant in error has wholly failed to file any brief, pleading, or to otherwise appear in this court on the merits of the cause, nor has he offered any excuse for his failure to do so.
“Where plaintiff in error has served and filed its brief in compliance with the rules of this court, and the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, this court is not required to search the record to find some theory upon which the judgment of the trial court may be sustained, but may, where the authorities cited in the brief filed, appear reasonably to sustain the assignments of error., reverse the cause, with directions, in accordance with the prayer of the petition in error.” City National Bank v. Coatney, 122 Okla. 233, 253 Pac. 481.
In this case the petition in error prays that the judgment be reversed, directing the court below to vacate its former judgment and enter judgment for plaintiff in error, and we find, upon examination of the authorities cited by the plaintiff in error, they reasonably support the contention of the plaintiff, and we therefore reverse the judgment of the lower court and direct it to vacate its former judgment and enter judgment in favor of the plaintiff in error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.