Opinion
No. 26584.
February 4, 1936.
(Syllabus.)
Appeal and Error — Reversal — Failure of Defendant in Error to File Brief.
Where plaintiff in error has served and filed its brief in compliance with the rules of this 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 Court of Common Pleas, Tulsa County; Leslie Webb, Judge.
Action upon an account by A.L. Dowell against the City of Tulsa. From a judgment for the plaintiff, defendant appeals. Reversed and remanded, with directions.
H.O. Bland, Milton W. Hardy, E.M. Gallaher, and Carl Ravis, for plaintiff in error.
A.C. Elliott, for defendant in error.
The petition in error was filed June 10, 1935, and on the 25th day of September, 1935, plaintiff in error filed its brief. No brief has been filed by the defendant in error nor excuse 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 the plaintiff in error, the court will reverse the cause in accordance with the prayer of the plaintiff in error.
The cause is reversed and remanded, with directions to vacate the judgment for the plaintiff and enter judgment for the defendant.
McNEILL, C. J., and BAYLESS, WELCH, CORN, and GIBSON, JJ., concur.