Opinion
No. 26852.
October 6, 1936.
(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 her 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 District Court, McCurtain County; Geo. R. Childers, Judge.
In the matter of the estate of Mildred Lorene Robinson and Ward Davidson Robinson, minors; Janie Lorene Provence, guardian. From judgment of county court approving guardian's annual reports over objections of Frank T. Hines, Administrator of Veterans' Affairs, the latter appealed to district court, and from an adverse judgment there, he brings error. Reversed and remanded, with direction.
J. Thad Baker and Owen Black, for plaintiffs in error.
C.D. Wilkinson and L.E. Mifflin, for defendant in error.
The plaintiff in error filed petition in error with case-made attached on the 16th day of December, 1935, and on May 13, 1936, filed brief which reasonably supports the allegations of the petition in error. Defendant in error has filed no brief, nor offered any excuse for such failure.
The cause is, therefore, reversed and remanded, with directions to vacate the order approving the account and to enter an order surcharging the guardian as prayed for in the petition in error.
McNEILL. C. J., and BAYLESS, WELCH, PHELPS, and CORN, JJ., concur.