Opinion
No. 23997
March 13, 1934.
(Syllabus.)
Appeal and Error — Review — Reversal in Absence of Answer 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, Oklahoma County; Orel Busby, Assigned Judge.
Action between the Ashby Investment Company et al. and C.C. Edwards and another upon usurious contract. From a judgment against the Ashby Investment Company et al., they prosecute appeal. Reversed and remanded, with directions.
George A. Cornell, for plaintiffs in error.
J.S. Estes and J.D. Chastain, for defendants in error.
This appeal was filed herein August 23, 1932, and on November 2, 1932, plaintiffs in error filed brief. The defendants in error have filed no brief herein, and have offered no excuse for their failure to do so.
Upon the authority of the opinion of this court many times decided, it is not the duty of this court to search the record for some theory upon which to sustain the judgment of the lower court. The authorities cited reasonably sustain the assignments of error. The cause is reversed and remanded, with directions to the trial court to vacate the order and judgment of the court and to dismiss the cause.