Opinion
No. 22281
March 13, 1934.
(Syllabus.)
Appeal and Error — Review — Reversal in Absence of Answer Brief.
Where plaintiff in error has served and filed his 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, Love County; Asa E. Walden, Judge.
Action by T.W. Lemmons against Tom Ballard. Judgment for plaintiff, and defendant appeals. Reversed and remanded with directions.
C.C. Wilkins, for plaintiff in error.
J. Woody Dixon, for defendant in error.
On the 28th day of February, 1931, the court entered its order making final a temporary injunction. Motion for new trial was duly filed, and on the 14th day of March, 1931, the court overruled the same and the cause was filed herein April 24, 1931. On the 6th day of July, 1932, plaintiff in error filed brief herein, and the defendant in error has failed to file brief or to offer excuse for such failure.
The authorities appear to support the position of the plaintiff in error. The cause is reversed and remanded, with directions that the issue involved, i. e., as to who is entitled to possession of the land involved for the year concerned, be tried out.