Opinion
No. 22446
Opinion Filed January 24, 1933.
(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 the 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.
Appeal from Court of Common Pleas, Tulsa County; S.J. Clendenning, Judge.
Action by Charles F. Marshall against Jack Scott and Daisy Scott. Judgment for plaintiff, and defendants appeal. Reversed and remanded.
F.J. Lucas and P.A. Chappelle, for plaintiffs in error.
E.D. Brewer, for defendant in error.
March 29, 1930, Charles F. Marshall filed petition for recovery on replevin bond, and on November 20, 1930, judgment was rendered on a verdict for plaintiff for $900. June 11, 1931, defendants named appealed to this court, and on April 19, 1932, filed their brief, but the defendant in error has failed to file brief or to excuse such failure. Examination of the authorities cited reasonably tends to support the assignments of error, and this being true, this court is not required to search the record to find some theory upon which to sustain the judgment of the trial court. City National Bank v. Coatney, 122 Okla. 233, 253 P. 481. The case is reversed and remanded, with directions to vacate the judgment of plaintiff and enter judgment for the defendant.
Note. — See under (1) 2 R. C. L. 176; R. C. L. Perm. Supp. p. 360.