Opinion
No. 35343.
November 18, 1952.
(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 reverse the same, where the authorities cited in the brief filed appear reasonably to sustain the assignments of error.
Appeal from District Court, Okfuskee County; W.H. Blackbird, Judge.
Action for money judgment on a contract. From a judgment for the defendant, and denial of plaintiff's motion for new trial, plaintiff appeals. Reversed.
Clyde F. Ross, Okemah, for plaintiff in error.
Dwight Tolle, Okemah, for defendant in error.
Plaintiff in error has appealed from a judgment entered against him in the trial court, and on January 23, 1952, he filed his brief. The authorities therein cited 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 Fore v. Fore, 203 Okla. 75, 218 P.2d 366, 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 judgment may be reversed.
The cause is reversed and remanded, with directions to the trial court to grant a new trial.
HALLEY, V.C.J., and GIBSON, DAVISON, JOHNSON, O'NEAL, and BINGAMAN, JJ., concur.