Century Petroleum Corp. v. Sharp

Full title: CENTURY PETROLEUM CORP. et al. v. SHARP et al

Court: Supreme Court of Oklahoma

Date published: Mar 24, 1936

55 P.2d 966 (Okla. 1936)

55 P.2d 966

Opinion

No. 25443.

February 4, 1936. Rehearing Denied March 24, 1936.

(Syllabus.)

Appeal and Error — Reversal — Failure of Defendant in Error to File Brief.

Where plaintiffs in error have served and filed their brief in compliance with the rules of this court, but the defendants in error have neither filed a 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.

Appeal from District Court, Tulsa County; S.J. Clendinning, Judge.

Action in mandamus by James R. Sharp against the Century Petroleum Corporation et al. From a judgment granting writ of mandamus, defendants appeal. Reversed and remanded, with directions.

F.E. Riddle and Glenn Alcorn, for plaintiffs in error.

M.A. Breckinridge, for defendants in error.

PER CURIAM.

This is an appeal from a judgment of the district court of Tulsa county entered on the 16th day of March, 1934, ordering the Century Petroleum Corporation to accept from the plaintiff James R. Sharp for transfer on its books a stock certificate No. 43. The appeal was filed in this court on the 27th day of March, 1934, and on the 22nd day of May, 1935, plaintiffs in error filed their brief. The defendant in error have failed to file a brief or to offer an excuse for such failure. Under such circumstances, it is not the duty of the court to search the record for, some theory upon which to sustain the judgment, but where the allegations of error are reasonably supported in the brief of plaintiffs in error, the court may reverse the cause in accordance with their prayer.

The cause is reversed and remanded, with directions to vacate the judgment in favor of James R. Sharp and enter judgment for the defendants.

McNEILL, C. J., and RILEY, BUSBY, PHELPS, and GIBSON, JJ., concur.

OKLAHOMA REPORTS VOLUME CLXXVI-B CASES DETERMINED IN THE SUPREME COURT OF THE State of Oklahoma March-April, 1936 HOWARD PARKER, State Reporter HARLOW PUBLISHING CORPORATION OKLAHOMA CITY, OKLAHOMA