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57 Okla. 787

156 P 324

Singleton v. Ballew

Supreme Court of Oklahoma

Decided March 21, 1916

Supreme Court of Oklahoma · decided 1916-03-21

<p> Error from County Court, Cherokee County; E. E. McMichael, Judge. </p> <p>Action by John W. Singleton against' M. M. Ballew. Judgment for defendant, and plaintiif brings error.</p>

Reversed and remanded · Decided 1916-03-21

¶1 Opinion by

CLAY, C.

¶2 This cause presents error from the county court of Cherokee county, Okla. The plaintiif in error has filed with his petition in error a case-made in compliance with the rules of this court and has served and filed a brief, but the defendant in error has not filed, nor oifered any -excuse for his failure to file, a brief.

¶3 In such cases this court is not required to search the record to find some theory upon which the judgment may be sustained; and where the brief filed appears reasonably to sustain the assignments of error, the court may reverse the judgment in accordance' with the prayer of the petition in error. From an examination of the brief filed, we are of the opinion that the grounds for reversal therein urged should be sustained.

¶4 We therefore recommend that the judgment of the trial court be reversed, and the case remanded.

¶5 By the Court: It is so ordered.

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