From Casetext: Smarter Legal Research

Miller v. Huckaby

Supreme Court of Oklahoma
Nov 28, 1922
210 P. 1034 (Okla. 1922)

Opinion

No. 10849

Opinion Filed November 28, 1922.

(Syllabus.)

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

Where the defendant in error has not filed briefs as required under rule 7 of this court (47 Okla. vi, 165 Pac. vii), nor offered excuse for such failure, and it appears from briefs properly filed by plaintiff in error that the propositions relied upon for reversal are well taken, the judgment will be reversed and the cause remanded

Error from District Court, McCurtain County; Chas. G. Watts, Assigned Judge.

Action between C.R. Huckaby and J.W. Miller, T.B. Wilson and others. Judgment for Huckaby, and Miller and Wilson bring error. Reversed and remanded, with instructions.

G.H. Montgomery and T.G. Carr, for plaintiffs in error.

Gore, Hosey Jones, for defendants in error.


C.R. Huckaby recovered a Judgment in the district court of McCurtain county against H.H. Davlin, Whit Davlin, John Davlin, J.W. Miller, and J.B. Wilson. From said judgment J.W. Miller and T.B. Wilson appealed. The appeal was filed August 21, 1919. The plaintiffs in error served and filed their brief on May 8, 1922, and the cause was regularly submitted June 20, 1922. The defendants in error failed to file brief or offer any excuse for not doing so.

In the brief filed by plaintiffs in error the propositions relied upon for reversal appear to be well taken. This court, in the case of Bourke v. Meacham, 755 Okla. 107, 182 P. 80, announced the following rule:

"Where the defendant in error has not filed briefs as required under rule 7 of this court (47 Okla. vi, 165 Pac. vii), nor offered excuse for such failure, and it appears from briefs properly filed by plaintiffs in error that the propositions relied upon for reversal are well taken, the judgment will be reversed and the cause remanded."

For the reasons stated, the judgment of the court is reversed and remanded, with instructions to grant the plaintiffs in error a new trial.

KANE, JOHNSON, MILLER, KENNAMER, and NICHOLSON, JJ., concur.


Summaries of

Miller v. Huckaby

Supreme Court of Oklahoma
Nov 28, 1922
210 P. 1034 (Okla. 1922)
Case details for

Miller v. Huckaby

Case Details

Full title:MILLER et al. v. HUCKABY et al

Court:Supreme Court of Oklahoma

Date published: Nov 28, 1922

Citations

210 P. 1034 (Okla. 1922)
210 P. 1034

Citing Cases

Marland v. Jones

"Rule 26. The brief shall contain the specifications of errors complained of separately set forth and…