Bair v. Bair
Supreme Court of Oklahoma
Bair v. Bair, 201 Okla. 40 (Okla. 1948)
200 P.2d 756; 1948 OK 262; 1948 Okla. LEXIS 520
Hurst, Davison, Bayless, Welch, Corn, Gibson, Arnold, Luttrell
Bair v. Bair
Opinion of the Court
The defendant has appealed from a judgment entered against him in the trial court, and on June 24, 1947, he filed his brief. The authorities cited therein reasonably sustain the allegations of error. The defendant in error has filed no brief and has 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 will be reversed and remanded, with directions.
The cause is reversed and remanded, with directions to vacate the judgment for the plaintiff and enter judgment for the defendant in accordance with the prayer of the petition in error.
Reference
- Full Case Name
- Bair v. Bair.
- 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 her 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.