Opinion
No. 22175
Opinion Filed January 24, 1933.
(Syllabus.)
Appeal and Error — Reversal — Failure to File Answer Brief.
Where plaintiff in error has served and filed its brief in compliance with the rules of the court, and the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, this 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, in accordance with the prayer of the petition in error.
Appeal from District Court, Carter County; John B. Odgen, Judge.
Action by W.J. Brown against J. R. Taliaferro et al. for a temporary restraining order. From an order vacating the temporary restraining order, plaintiff appeals. Reversed and remanded, with directions.
Brett Brett, for plaintiff in error.
Champion, Champion Fischl, for defendants in error.
February 11, 1931, plaintiff filed his petition in the district court of Carter county, and on February 25th, was granted a temporary restraining order. On March 19, 1931, plaintiff in error appealed to this court and filed his brief on August 5, 1931, and the authorities in that brief reasonably tend to support the assignments of error and allegations of error in the district court.
Two extensions of time have been granted defendant in error, and he has failed to excuse the delay or failure to file brief herein. This court need not search the record to find some theory upon which to sustain the action of the trial court, but may reverse and remand this case where the authorities cited as above stated reasonably tend to sustain the assignments of error.
The case is reversed and remanded, with directions to grant the prayer of the petition in error and enter a permanent injunction as prayed for.
Note. — See under (1) 2 R. C. L. 176; R. C. L. Perm. Supp. p. 360.