Opinion
No. 27581.
January 18, 1938.
(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, and the defendants in error have neither filed a brief nor offered any excuse for their 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, Creek County; J. Harvey Smith, Judge.
Petition by the First National Bank of Chandler against J.P. Stephenson et al. for writ of mandamus. From an order denying the writ, plaintiff appeals. Reversed and remanded, with directions.
Courtland M. Feuquay, for plaintiff in error.
Thomas S. Harris, Asst. County Atty., and R.K. Robertson, for defendants in error.
On November 9, 1936, plaintiff in error filed petition in error with case-made attached in this court, and on November 9, 1936, brief of plaintiff in error was filed.
The defendants in error have failed to file any brief or offer any excuse for such failure. Upon authority of City of Oklahoma City v. Blondin, 163 Okla. 276, 21 P.2d 1053, this cause is reversed and remanded, with directions to vacate the order denying the writ of mandamus and to grant the writ.
OSBORN, C. J., BAYLESS, V. C. J., and RILEY, WELCH, PHELPS, CORN, GIBSON, and HURST. JJ., concur. DAVISON, J., absent.