Opinion
No. 22867
Opinion Filed May 9, 1933.
(Syllabus.)
Appeal and Error — Reversal — Failure of Defendant in Error to File Brief.
Where plaintiff in error has served and filed 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, in accordance with the prayer of the petition in error.
Appeal from District Court, Creek County; J. Harvey Smith, Judge.
Action by Alice M. Douglas and Irene Taylor against H.G. Matherly. Judgment for defendant, and plaintiffs appeal. Reversed and remanded, with directions.
John L. Maynard, for plaintiffs in error.
T.L. Blakemore, for defendant in error.
Plaintiffs in error have filed their brief supporting their appeal, but the defendant in error has failed to file brief or offer any excuse for his failure to do so. Upon the authority of Ellis v. Outler, 25 Okla. 469, 106 P. 957, and many other cases, for failure to file brief the cause is reversed and remanded, with directions to grant a new trial.