In re Jones' Adoption

Supreme Court of Oklahoma October 21, 1947

In re Jones' Adoption, 199 Okla. 283 (Okla. 1947)

185 P.2d 911; 1947 OK 313; 1947 Okla. LEXIS 690

Hurst, Davison, Riley, Bayless, Welch, Corn, Gibson, Luttrell

Opinion of the Court

PER CURIAM.

Plaintiff has appealed from a judgment entered against him in the trial court. On March 6, 1947, he filed his brief. The authorities therein cited reasonably sustain the allegations of error. Defendant has filed no brief and has offered no excuse for such failure. Under such circumstances, as stated in Durham v. Brown, 164 Okla. 139, 24 P. 2d 295, it is not the duty of this court to search the record for some theory upon which to sustain the action of the trial court, but this court may reverse and remand the cause, with directions.

The cause is reversed and remanded, with directions to the trial court to vacate the judgment rendered for the defendant and enter judgment for the plaintiff, to set aside the adoption proceedings.

HURST, C.J., DAVISON, V.C.J., and RILEY, BAYLESS, WELCH, CORN, GIBSON, and LUTTRELL, JJ., concur.

Reference

Full Case Name: In Re Jones' Adoption.
Status: Published
Syllabus: (Syllabus.) APPEAL AND ERROR — Failure of defendant in error to file brief — Reversal. Where plaintiff in error has served and filed brief, but the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, the 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.