Opinion
No. 31062.
May 18, 1943.
(Syllabus.)
APPEAL AND ERROR — Reversal — Failure of defendant in error to file brief.
Where plaintiff in error has served and filed brief, 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 Court of Common Pleas, Tulsa County; Krit Logsdon, Judge.
Action on contract by Belle Richardson against Roy Inge. From a judgment for the defendant, plaintiff appeals. Reversed and remanded, with directions.
W.R. Kerr, of Tulsa, for plaintiff in error.
Amos Hall, of Tulsa, for defendant in error.
Plaintiff has appealed from an adverse judgment and on the 10th day of December, 1942, filed her brief. The authorities cited reasonably sustain the allegations of error. Under such circumstances, as held in Gooldy v. Hines, 186 Okla. 583, 99 P.2d 498, it is not the duty of this court to search the record for some theory upon which to sustain the judgment of the trial court, but the court may reverse and remand the cause, with directions.
Cause is reversed and remanded, with directions to grant a new trial.
CORN, C. J., GIBSON, V. C. J., and OSBORN, BAYLESS, WELCH, HURST, and DAVISON, JJ., concur. RILEY and ARNOLD, JJ., absent.