Opinion
No. 25468.
March 26, 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 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; Sam Hooker, Judge.
Action by Crown Royalties Company against Mrs. Maggie Zenor et al. Judgment for defendants, and plaintiff appeals. Reversed and remanded, with directions.
Gill Caldwell, for plaintiff in error.
Edwards Robinson, for defendants in error.
The appeal was filed herein April 6, 1934, and the brief of plaintiff In error filed July 20, 1934. There has been no brief filed by the defendant in error, and under the rule for failure to file brief the cause is reversed and remanded, with directions to vacate the judgment for the defendant and to enter judgment for the plaintiff quieting title to the property involved as prayed for in the petition in error.