Anderson v. Culver

Supreme Court of Oklahoma October 21, 1947

Anderson v. Culver, 199 Okla. 306 (Okla. 1947)

185 P.2d 918; 1947 OK 306; 1947 Okla. LEXIS 693

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

Opinion of the Court

PER CURIAM.

Plaintiff in error has appealed from a judgment entered against him in the trial court and on August 28, 1946, filed his brief. The authorities therein cited reasonably sustain the allegations of error. The defendants in error have filed no brief and have offered no excuse for such failure. Under such circumstances as stated in Osborne v. Osborne, 163 Okla. 273, 21 P. 2d 1056, 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 the cause may be reversed and remanded, with directions. The cause is reversed and remanded, with directions to the trial court to vacate the judgment entered for the plaintiffs below and enter judgment for the defendant as prayed for in the petition in error.

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

Reference

Full Case Name: ANDERSON v. CULVER
Cited By: 1 case
Status: Published
Syllabus: (Syllabus.) APPEAL AND ERROR — Failure of defendants in error to file brief — Reversal. Where plaintiff in error has served and filed brief, but the defendants in error have neither filed brief nor offered any excuse for their 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.Page 307