Opinion
No. 30051.
April 1, 1941. Rehearing Denied April 23, 1941.
(Syllabus.)
APPEAL AND ERROR — Reversal — Failure of defendant in error to file brief.
Where plaintiff in error has served and filed brief, but the defendants in error have neither filed a brief nor offered any excuse for their 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, Pottawatomie County; J. Knox Byrum, Judge.
Action for injunction by R.A. Jeffers against the City of Shawnee. From a judgment for the plaintiff, defendant appeals. Reversed and remanded, with directions.
Randall Pitman, of Shawnee, for plaintiff in error.
Leroy G. Cooper, of Shawnee, for defendant in error.
On September 20, 1940, the plaintiff in error filed its petition in error with case-made attached in an appeal from an adverse judgment in an injunction proceeding and on the same date filed its brief. The authorities therein reasonably support the allegations of the petition in error. The defendant in error has not filed a brief and has offered no excuse for his failure to do so. As stated in Brown, Gd'n, v. Triangle Motor Co., 187 Okla. 11, 100 P.2d 847, in such case it is not the duty of the court to search the record for some theory to sustain the judgment of the trial court.
The cause is reversed and remanded, with directions to the trial court to vacate the judgment for the plaintiff and to dismiss the action.
WELCH, C. J., CORN, V. C. J., and RILEY, OSBORN, and GIBSON, JJ., concur.