Opinion
No. 25580.
March 26, 1935.
(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, 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, Creek County; Gaylord R. Wilcox, Judge.
Action on contract by E.G. Reid and another against F.L. Hunnicutt. Judgment for plaintiffs, and defendant appeals. Reversed and remanded, with directions.
Charles H. Garnett, for plaintiff in error.
Speakman Speakman, for defendants in error.
The appeal was filed herein May 17, 1934, and the brief of plaintiff in error filed September 11, 1934. There has been no brief filed by the defendants in error, and under the rule for failure to brief the cause is reversed and remanded, with directions to the trial court to vacate the judgment for the plaintiffs and enter judgment for the defendant, canceling the deed and quieting title to the promises involved as prayed for in the petition in error.