Opinion
No. 25576.
February 4, 1936.
(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 this court, but the defendant in error has neither filed a brief nor offered any excuse for its 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 Common Pleas Court, Tulsa County; John R. Woodard, Judge.
Action on an account by the Aaron School Fur Corporation against Seidenbach's a corporation. From a judgment for the plaintiff, defendant appeals. Reversed and remanled, with directions.
Samuel A. Boorstin and Robert J. Woolsey, for plaintiff in error.
Silverman, Rosenstein Fist, for defendant in error.
The petition in error was filed May 16, 1934, and brief of plaintiff in error September 28, 1934. No brief has been filed for the defendant in error nor has any excuse been offered for such failure. Under such circumstances, it is not the duty of the court to search the record for some theory upon which to sustain the judgment, but where the allegations of error are reasonably supported in the brief of plaintiff in error, the court may reverse the cause in accordance with the prayer of the plaintiff in error.
The cause is reversed and remanded, with directions to vacate the judgment entered and enter judgment for defendant.
McNEILL, C. J., OSBORN. V. C. J., and RILEY, BUSBY and PHELPS, JJ., concur.