Opinion
No. 26967.
January 18, 1938.
(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, and 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, Tulsa County; G.J. Clendinning, Judge.
Action by Elva P. Rogers against Willie L. Rogers. From order disallowing attorney's fee, plaintiff appeals. Reversed and remanded, with directions.
C.I. Barfield and Joe W. Simpson, for plaintiff in error.
H.L. Smith, for defendant in error.
On February 14, 1936, plaintiff in error filed petition in error with case-made attached in this court and on February 27, 1936, brief of plaintiff in error was filed.
The defendant in error has failed to file any brief or offer any excuse for such failure. Upon the authority of City of Oklahoma City v. Blondin, 163 Okla. 276, 21 P.2d 1053, this cause is reversed and remanded, with directions to vacate the order entered denying an attorney fee and to allow an attorney fee in accordance with the prayer of the petition in error.
OSBORN, C. J., BAYLESS, V. C. J., and RILEY, WELCH, PHELPS, CORN, GIBSON, and HURST, JJ., concur. DAVISON, J., absent.