Opinion
No. 24487.
March 19, 1935.
(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 District Court, Oklahoma County; R.L. Disney, Special Judge.
Action for rent and damages. From a judgment in garnishment in favor of Tom's Bakery, Crown Drug Company appeals. Reversed and remanded, with directions.
Hal Crouch and Philip Landa, for plaintiff in error.
J.H. Jarman, for defendant in error.
Petition in error was filed herein March 2, 1933, and brief of plaintiff in error filed April 27, 1933. The defendant in error has filed no brief. The cause is therefore reversed and remanded, with directions to vacate the judgment entered against the Crown Drug Company as prayed for in its petition in error.