Opinion
No. 19117l
Opinion Filed January 8, 1929.
(Syllabus.)
Appeal and Error — Reversal Where no Answer Brief Filed.
The syllabus in the case of City National Bank v. Coatney et al., 122 Okla. 233, 253 P. 481, is hereby adopted as the syllabus in this case.
Error from District Court, Carter County; Asa E. Walden, Judge.
Action by the First National Bank of Ryan against the Means Motor Company. From the order of the trial court sustaining the demurrer to plaintiff's cause of action, it appeals. Reversed and remanded, with directions.
Green Pruet, for plaintiff in error.
Brown Williams, for defendant in error.
This is an appeal from the judgment of the district court of Carter county filed in this court on the 28th day of January, 1928. Plaintiff in error filed its brief in this cause on the 9th day of March, 1928. Although the time in which defendant in error was required to file brief expired on April 9, 1928, no briefs have been filed by the defendant in error.
Upon examination of the record and brief filed in this cause by plaintiff in error, we find the conditions of this case analogous to the conditions in the case of City National Bank v. Coatney et al., 122 Okla. 233, 253 P. 481, and under the authority of that case the judgment of the trial court in this case is reversed, with directions to reinstate plaintiff's cause of action and overrule the demurrer of the defendant to plaintiff's petition.