Opinion
No. 24729.
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 County Court, Creek County; Carl J. Hughes, Judge.
Action by J.E. Wilson against Henry G. Davidson on a promissory note. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.
Paul M. Cameron, for plaintiff in error.
Johnson Jones, for defendant in error.
The appeal was filed herein May 24, 1933, and brief of plaintiff in error filed June 22, 1933. No brief has been 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 against Henry G. Davidson and enter judgment in his favor.