Opinion
No. 26546.
October 13, 1936.
(Syllabus.)
Appeal and Error — Reversal — Failure of Defendant in Error to File Brief.
Where the plaintiff in error has filed brief in compliance with the rules of court, but the defendant in error has neither filed a brief nor offered any excuse for failure to do so, this 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 Superior Court, Okmulgee County; Harland A. Carter, Judge.
Action for money judgment by Earl Glass and another against S.S. Duval and another. From a judgment for the defendants, plaintiffs appeal. Reversed and remanded, with directions.
Harry D. Pitchford and Jos. I. Pitchford, for plaintiffs in error.
Tom Payne, for defendants in error.
On August 7, 1935, the plaintiffs in error filed their petition in error with case-made attached, and on October 2, 1935, filed a brief which reasonably supports the allegations of the petition in error.
Defendants in error have filed no brief nor offered any excuse for such failure. The cause is, therefore, reversed and remanded, with directions to enter judgment for plaintiffs upon the pleadings as prayed for in the petition in error.
McNEILL, C. J., and BAYLESS, WELCH, CORN, and GIBSON, JJ., concur.