Opinion
No. 30676.
May 18, 1943. Rehearing Denied September 28, 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 defendants in error have neither filed a brief nor offered any excuse for their 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, Adair County; E.A. Summers, Judge.
Action for refund of taxes by Gertrude Skelly against W.H. Langley, County Treasurer of Adair County, et al. From a judgment for the defendants, plaintiff appeals. Reversed and remanded, with directions.
Doerner, Rinehart Stuart, Jack Langford, and C.F. Caldwell, all of Tulsa, for plaintiff in error.
H.T. Williams, County Atty., of Stilwell, for defendants in error.
Plaintiff has appealed from a judgment for the defendants, and on June 24, 1942, filed her brief. The authorities therein cited reasonably sustain the allegations of error. The defendants in error have filed no brief and have offered no excuse for such failure. Under such circumstances, as stated in Osborne v. Osborne, 163 Okla. 273, 21 P.2d 1056, it is not the duty of this court to search the record to find some theory upon which to sustain the action of the trial court, but the cause may be reversed and remanded, with directions.
The cause is reversed and remanded, with directions to enter judgment in favor of plaintiff.
CORN, C. J., GIBSON, V. C. J., and OSBORN, BAYLESS, WELCH, HURST, and DAVISON, JJ., concur. RILEY and ARNOLD, JJ., absent.