The defendant in error has not filed his answer brief nor secured an extension of time in which to prepare and serve brief. Under the rule heretofore announced by this court, we are not called upon to seach the record for some theory upon which the judgment of the trial court may be sustained, and where the authorities cited by the plaintiff in error reasonably tend to support the assignments of error relied upon to reverse the cause, the prayer of the petition will be granted and the cause reversed and remanded. St. Louis S. F. R. Co. v. Lowrance, 67 Okla. 175, 169 P. 1086; Chicago, R.I. P. Ry. Co. v. Weaver, 67 Okla. 293, 171 P. 34; Chicago, R.I. P. Ry. Co. v. Mackey, 69 Okla. 142, 170 P. 898; Johnson v. Bradley, 69 Oklahoma, 171 P. 724. Therefore we recommend that the cause be reversed and remanded.
The defendant in error has filed no brief, although the time has long since expired for doing so. It is well settled in this jurisdiction that, where plaintiff in error has served and filed his brief, in compliance with the rules of this court, and defendant in error has neither filed a brief nor offered an excuse for such failure, the court is not required to search the record to find some theory upon which the judgment of the court below may be sustained, but may, where the authorities cited in the brief filed appear reasonably to sustain the assignments of error, reverse the case in accordance with the prayer of the petition. C., R.I. P. Ry. Co. v. Booher, 34 Okla. 64, 124 P. 760; Hampton v. Thomas, 35 Okla. 529, 130 P. 961; Dievert v. Rainey, 41 Okla. 31, 136 P. 1086; Midland Valley R. Co. v. Horton, 46 Okla. 534, 149 P. 131; St. L. S. F. R. Co. v. Metts, 46 Okla. 502, 149 P. 197; St. L. S. F. R. Co. v. Haworth, 48 Okla. 132, 149 P. 1086; St. L. S. F. R. Co. v. Lowrance, Adm'x, 67 Okla. 175, 169 P. 1086. As the authorities cited by counsel for plaintiff in error, and particularly the case of M., K. T. Ry. Co. v. Ashinger, supra, appear reasonably to sustain the assignments of error, the judgment of the court below is reversed, and the cause remanded for a new trial.