Opinion
No. 25150.
March 19, 1935.
(Syllabus.)
Appeal and Error — Reversal — Failure of Defendant in Error to File Brief.
Where plaintiff in error has served and filed its 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, 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 Court of Common Pleas, Oklahoma County; L.V. Reid, Judge.
Action by Dick Burgess et al. against Capp Jefferson. Judgment for plaintiffs, and defendant appeals. Reversed and remanded, with directions.
Miley, Hoffman, Williams, France Johnson and Harry D. Turner, for plaintiff in error.
Bates Bates, for defendants in error.
The appeal was filed herein November 6, 1933, and brief filed May 3, 1934. No brief has been filed by the defendant in error and under the rule for failure to file brief the cause is reversed and remanded, with directions to vacate the judgment for the plaintiffs and enter judgment for the defendant.