Opinion
No. 24166
March 13, 1934.
(Syllabus.)
Appeal and Error — Review — Reversal in Absence of Answer 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.
Appeal from District Court, Oklahoma County; R.P. Hill, Judge.
Action by Julius L. Burtschi against V.K. Fair and another to foreclose a chattel mortgage. From an order appointing a receiver and refusing to discharge the same, defendants appeal. Reversed and remanded, with directions.
Gill Caldwell, for plaintiffs in error.
Geo. E. Swisher, for defendant in error.
This action was commenced in the district court of Oklahoma county on the 10th day of September, 1932, and on the 23rd day of September thereafter, George W. Swisher was appointed receiver of the property involved in the action. An application to discharge receiver was denied, and from this order an appeal is taken to this court. The appeal was filed herein October 18, 1932, and on the 5th day of December, 1932, the plaintiffs in error filed their brief. No brief has been filed by the defendant in error, and, under the rule many times announced by this court, it is not the duty of this court to search the record for some theory upon which to sustain the action of the trial court, and the cause is therefore reversed and remanded, with directions to vacate the order appointing receiver in accordance with the prayer of the petition in error.