Supreme Court of Oklahoma, 1936

McLennan v. Deaver

McLennan v. Deaver
Supreme Court of Oklahoma · Decided October 6, 1936 · Meneill, Bayless, Welch, Phelps, Corn
61 P.2d 234; 177 Okla. 582; 1936 OK 584; 1936 Okla. LEXIS 432 (Pacific Reporter, Second Series)

McLennan v. Deaver

Opinion of the Court

PER CURIAM.

The plaintiff in error filed petition in error with case-made attached December 7, 1935, and on January 15, 1930, filed brief, which reasonably supports the allegations of the petition in error. The defendant in error has filed no brief, nor offered any excuse for such failure.

The cause is, therefore, reversed and remanded, with directions to vacate the default judgment and to file answer and cross-petition of the defendant and to grant a new trial in accordance with the prayer of the petition in error.

MeNEILL, C. J., and BAYLESS, WELCH, PHELPS, and CORN, JJ., concur.

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