Opinion
No. 26665.
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 defendants in error have neither filed a brief nor offered any excuse for such 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, McCurtain County; George R. Childers, Judge.
Action by R. A. Morris et al. against the Oklahoma Cotton Growers Association in mandamus. Judgment for plaintiffs, and defendant appeals. Reversed and remanded, with directions.
J.H. Denton, for plaintiff in error.
Sprague Childers and Park Wyatt, for defendants in error.
On March 17, 1936, plaintiff in error filed herein a petition in error, with case-made attached, and on April 8, 1936, filed its brief, which reasonably supports the allegations of the petition in error. No brief has been filed by defendants in error, not any excuse offered for such failure.
The cause is therefore reversed and remanded, with directions to vacate the judgment for the plaintiffs and enter judgment for the defendant.
McNEILL, C. J., and BAYLESS, WELCH, PHELPS, and CORN, JJ., concur.