Fleming v. Wright

Decided October 21, 1947

Supreme Court of Oklahoma · decided 1947-10-21

(Syllabus.) APPEAL AND ERROR — <italic>Failure of defendant in error to</italic> <italic>file brief — Reversal.</italic> Where plaintiff in error has served and filed brief, but the defendant in error has neither filed a brief nor offered any excuse for his 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.

Relies on Gooldy v. Hines

Decided 1947-10-21

PER CURIAM.

¶1Defendants have appealed from a judgment entered against them in the trial court and on February 19, 1946, filed their brief. The authorities therein cited reasonably sustain the allegations of error. The plaintiff has filed no brief and has offered no excuse for such failure. Under such circumstances as stated in Gooldy v. Hines, 186 Okla. 583, 99 P. 2d 498, 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 may be reversed and remanded, with directions.

¶2The cause is reversed and remanded, with directions to vacate the judgment entered for the plaintiff and to dismiss the action.

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