Opinion
No. 24375.
April 2, 1935.
(Syllabus.)
Appeal and Error — Review — Reversal Where Defender in Error Fails 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 District Court, Texas County; F. Hiner Dale, Judge.
Action on contract by Clark Shores against J. Riffe et al. Judgment for plaintiff, and defendants appeal. Reversed and remanded, with directions.
Ross Rizley and Orlando F. Sweet, for plaintiffs in error.
George M. Frittz and Shirley N. Rogers, for defendant in error.
The appeal was filed herein January 9, 1933, and brief by the plaintiff in error February 20, 1933. No brief has been furnished by the defendant in error. The brief of the plaintiff in error upon examination appears to support the contentions therein made, warranting reversal of the judgment with directions. The cause is therefore reversed and remanded, with directions to the trial court to vacate the judgment of the plaintiff and enter judgment for the defendant.