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Shull v. Gassaway

Supreme Court of Oklahoma
Oct 15, 1929
281 P. 256 (Okla. 1929)

Opinion

No. 19393

Opinion Filed October 15, 1929.

(Syllabus.)

Appeal and Error — Reversal Where no Answer Brief Filed.

The syllabus in the case of City National Bank v. Coatney et al., 122 Okla. 233, 253 P. 481, is hereby adopted as the syllabus in this case.

Error from District Court, Coal County; Orel Busby, Judge.

From an order of the court denying petition of C.G. Shull, State Bank Commissioner, to sell real estate (such petition protested by P.L. Gassaway), the Commissioner appeals. Reversed and remanded.

Erman S. Price and T.G. Ramsey, for plaintiff in error.


This appeal is from an order of the district court of coal county denying the petition of C.G. Shull, Bank Commissioner, to sell real estate. Plaintiff in error was the petitioner below. Plaintiff in error in due time served and filed his brief in full compliance with the rules of this court, and the defendant in error wholly failed to file any brief, pleading, or other instrument in this cause on appeal, nor has he offered any excuse for his failure to do so.

"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 National Bank v. Coatney et al., 122 Okla. 233, 253 P. 481.

In this case the petition in error prays that the judgment and order of the trial court be reversed, set aside and held for naught and that said court be ordered to approve the sale of real estate as prayed in said petition, and we find, upon examination of the authorities cited by the plaintiff in error, they reasonably support the contention of plaintiff in error, 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.


Summaries of

Shull v. Gassaway

Supreme Court of Oklahoma
Oct 15, 1929
281 P. 256 (Okla. 1929)
Case details for

Shull v. Gassaway

Case Details

Full title:SHULL, Bank Com'r, v. GASSAWAY

Court:Supreme Court of Oklahoma

Date published: Oct 15, 1929

Citations

281 P. 256 (Okla. 1929)
281 P. 256