Opinion
No. 6277
Opinion Filed April 11, 1916.
APPEAL AND ERROR — Briefs — Effect of Failure to File. Where defendant in error files no brief, and the brief of plantiff in error reasonably sustains his contention, the court will not examine the record to find some theory upon which to affirm the judgment, but same may be reversed and remanded.
(Syllabus by Hooker, C.)
Error from District Court, Pottawatomie County; Chas. B. Wilson, Judge.
Action between the Supreme Forest Woodman Circle and John W. Dugan. From the judgment, the Supreme Forest Woodman Circle brings error. Reversed and remanded.
N.B. Maxey, for plaintiff in error.
The plaintiff in error filed a well-prepared brief in this cause, but no brief has been filed by the defendant in error; neither has any extension of time in which to file briefs been asked for, nor any excuse given as to why a brief has not been filed, and as the errors assigned by plaintiff in error seem to be supported by the record, this cause is reversed and remanded.
By the Court: It is so ordered.