Opinion
No. 24846.
March 26, 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 County Court, Pontotoc County; Claude V. Thompson, Judge.
Action by C.H. Massey against Frank Sizemore for balance due on note and chattel mortgage. Judgment for defendant, and plaintiff appeals. Reversed and remanded, with directions.
McKeown Green, for plaintiff in error.
Truman Harrison, Ernest Crabtree, and E.N. Jones, for defendant in error.
The appeal was filed herein July 12, 1933, and brief of the plaintiff in error filed June 10, 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 grant a new trial.