Supreme Court of Oklahoma, 1936

Black v. Augustus

Black v. Augustus
Supreme Court of Oklahoma · Decided February 4, 1936 · Busby, McNETLL, Osborn, Phelps, Riley
54 P.2d 321; 175 Okla. 620; 1936 OK 106; 1936 Okla. LEXIS 59 (Pacific Reporter, Second Series)

Black v. Augustus

Opinion of the Court

PER CURIAM.

The petition in error was filed on the 15th day of May, 1935, and thereafter on the 11th day of_ September, 1935, the plaintiffs in error filed their brief. No brief has been filed for the defendant in error nor has any excuse been offered for such failure. Under such circumstances, it is not the duty of the court to search the record for some theory upon .which to sustain the judgment, but where the allegations of error are reasonably supported in the brief *621 of plaintiffs in error, the court will reverse the cause in accordance with the prayer of the plaintiffs in error.

The cause is reversed and remanded, with directions to vacate the judgment for the plaintiff and to enter judgment for the defendants.

McNETLL, C. J., OSBORN. V. O. J.. and RILEY. BUSBY and PHELPS. JJ.,.concur.

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