Opinion
No. 26354.
February 4, 1936.
(Syllabus.)
Appeal and Error — Reversal — Failure of Defendant in Error to File Brief.
Where plaintiffs in error have served and filed their brief in compliance with the rules of this court, but 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, Osage County; Jesse J. Worten, Judge.
Action in conversion by J. Augustus against Maude Q. Black et al. From a judgment for plaintiff, defendants appeal. Reversed and remanded, with directions.
Elmer J. Black, for plaintiffs in error.
Robert Stuart, for defendant in error.
The petition in error was filed on the 15th day of May, 1935, and thereafter on the 11th day of September, 1935, the plaintiffs in error filed their brief. No brief has been filed for the defendant in error nor has any excuse been offered for such failure. Under such circumstances, it is not the duty of the court to search the record for some theory upon which to sustain the judgment, but where the allegations of error are reasonably supported in the brief of plaintiffs in error, the court will reverse the cause in accordance with the prayer of the plaintiffs in error.
The cause is reversed and remanded, with directions to vacate the judgment for the plaintiff and to enter judgment for the defendants.
McNEILL, C. J., OSBORN. V. C. J., and RILEY, BUSBY and PHELPS, JJ., concur.