Opinion
No. 20577
Opinion Filed February 25, 1930.
(Syllabus.)
Appeal and Error — Reversal — Failure to File Answer Brief.
Where plaintiff in error has served and filed its brief in compliance with the rules of this court, and the defendant in error has neither filed a brief nor offered any excuse for his 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, in accordance with the prayer of the petition in error. City Nat. Bank v. Coatney, 122 Okla. 233, 253 P. 481.
Error from District Court, Woods County; Arthur G. Sutton, Judge.
From the judgment of the trial court denying his claim, L.Z. Lasley appeals. Reversed and remanded.
L.Z. Lasley, for plaintiff in error.
This is an appeal from the judgment of the district court of Woods county, Okla. The plaintiff in error, L.Z. Lasley, was the plaintiff below. In due time the plaintiff served and filed his briefs in full compliance with the rules of this court, but the defendant in error has wholly failed to file any brief, pleading, or to otherwise appear in this court on the merits of the case. The condition of the record in this case is analogous to the condition set forth in the case of City Nat. Bank v. Coatney, 122 Okla. 233. 253 P. 481, and the rule announced therein is hereby applied in this cause.
In this case the petition in error prays that the judgment rendered by the trial court be reversed and that judgment be rendered in favor of the appellant and against the appellee and for such other relief as to the court may seem just. The contentions of the plaintiff in error are reasonably supported by the authorities cited in his brief, and we therefore reverse the judgment of the lower court and direct it to vacate its former judgment and enter judgment in favor of the plaintiff in error.
Note. — See "Appeal and Error," 3 C. J. § 1607, p. 1447, n. 46.