State ex rel. Com'rs of the Land Office v. Streetman

Supreme Court of Oklahoma December 7, 1948

State ex rel. Com'rs of the Land Office v. Streetman, 201 Okla. 40 (Okla. 1948)

200 P.2d 765; 1948 OK 267; 1948 Okla. LEXIS 524

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

Opinion of the Court

PER CURIAM.

Plaintiff has appealed from a judgment entered against it in the trial court, and on May 16, 1947, filed its brief. The authorities therein cited reasonably sustain the allegations *41of 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 entered and to render judgment for the plaintiff as prayed for in its petition in error.

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

Reference

Full Case Name: State Ex Rel. Com'rs of the Land Office v. Streetman.
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.