Opinion
No. 26927.
October 6, 1936.
(Syllabus.)
Appeal and Error — Reversal — Failure of Defendant in Error to File Brief.
Where plaintiff in error has served and filed brief in compliance with the rules of court, but the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, this 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, Beckham County; W.P. Keen, Judge.
Action by J.E. Poarch against A.B. Finkelstein for injunctive relief. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.
D.W. Tracy, for plaintiff in error.
Clearman Ellis, for defendant in error.
Plaintiff in error filed petition in error with case-made attached on the 27th day of January, 1936, and on the 7th day of April, 1936, filed brief which reasonably supports the allegations of the petition in error. Defendant in error has filed no brief, nor offered any excuse for such failure.
The cause is, therefore, reversed and remanded, with directions to vacate the judgment granting the permanent injunction and to enter judgment for the defendant.
McNEILL, C. J., and BAYLESS, WELCH, PHELPS, and CORN, JJ., concur.