Opinion
No. 33018.
December 7, 1948.
(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.
Appeal from District Court, Seminole County; Bob Howell, Judge.
Proceeding by Vera Bair against Don David Bair to enforce payment of alimony in a judgment for divorce. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.
Kienzle Tankersley, of Shawnee, and Allen G. Nichols of Wewoka, for plaintiff in error.
John N. Singletary and Samuel M. Anderson, both of Oklahoma City, for defendant in error.
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.
HURST, C. J., DAVISON, V. C. J., and BAYLESS, WELCH, CORN, GIBSON, ARNOLD, and LUTTRELL, JJ., concur.