Thigpen v. Antwine

Decided February 15, 1949

Supreme Court of Oklahoma · decided 1949-02-15

(Syllabus.) APPEAL AND ERROR — REVIEW — <italic>Failure of</italic> <italic>defendant in error to file brief — Reversal.</italic> Where the 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,<page_number>Page 151</page_number> 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 1949-02-15

PER CURIAM.

¶1The defendant has appealed from a judgment entered against him in the trial court, and on June 28, 1948, he filed his brief. The authorities cited therein reasonably sustain the allegations of error. Plaintiff has filed no brief and has 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 and remanded, with directions.

¶2The cause is reversed and remanded, with directions to vacate the judgment entered for the plaintiff and grant a new trial.