Rodecker v. Long

Decided October 12, 1948

Supreme Court of Oklahoma · decided 1948-10-12

(Syllabus.) APPEAL AND ERROR — <italic>Failure of defendants in error to</italic> <italic>file brief — Cause reversed.</italic> Where plaintiff in error has served and filed brief, but the defendants in error have neither filed 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.

Relies on Osborne v. Osborne

Decided 1948-10-12

PER CURIAM.

¶1Defendant has appealed from a judgment entered against her in the trial court. On May 5, 1947, *596she 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 for some theory upon which to sustain the action of the trial court, but the cause will be reversed.

¶2Reversed for a new trial.

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