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199 Okla. 237

Morgan v. Stratton

Supreme Court of Oklahoma

Decided October 7, 1947

Supreme Court of Oklahoma · decided 1947-10-07

(Syllabus.) APPEAL AND ERROR — <italic>Reversal — Failure of</italic> <italic>defendant in error to file brief.</italic> Where plaintiff in error's assignments of error are reasonably sustained by authorities, and defendant in error, without excuse, has failed to file a brief, this court will not search the record to find some theory on which to sustain the trial court's judgment, but will reverse it.

Relies on Osborne v. Osborne · Gooldy v. Hines

Decided 1947-10-07

PER CURIAM.

¶1This is a proceeding in mandamus to require the county superintendent to conduct an election authorizing the annexation of territory to a school district. The superintendent answered that the election had been held and the annexation authorized and ordered before the cause was commenced. From a judgment in favor of the plaintiff, the superintendent appeals. On March 6, 1947, he filed his brief. The authorities therein cited reasonably sustain the allegations of error. The defendants in error have not filed a brief and have offered no excuse for their failure to do so. Under such circumstances, it is not the duty of this court to search the record for some theory upon which to sustain the action of the trial court, but the cause will be reversed and remanded, with directions. Goolby v. Hines, 186 Okla. 583, 99 P. 2d 498; Osborne v. Osborne, 163 Okla. 273, 21 P. 2d 1056.

¶2Reversed, with directions to vacate the judgment entered for plaintiffs and dismiss the cause.

HURST, C.J., DAVISON, V.C.J., and RILEY, BAYLESS, WELCH, CORN, and GIBSON, JJ., concur.
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