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63 Okla. 47

161 P 1081

Peck v. Hughey

Supreme Court of Oklahoma

Decided December 19, 1916

Supreme Court of Oklahoma · decided 1916-12-19

Error from District Court, Alfalfa County; James B. Cullison Judge. Action between Willis H. Peek and D. A. Hughey and another. There was a judgment for the latter, and the former brings error.

Cited by 3 later decisions — most recently February 1921

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1916-12-19

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HARDY, J.

¶1 Plaintiff in error filed his brief herein February 11, 1916, and duly served same upon defendants in error, since which time defendants in error have neither filed a brief nor offered an excuse for such failure; and under the repeated decisions of this court, we are not required to search the record to find some theory upon which the judgment of the court below may be sustained, but may, where plaintiff in error’s brief appears reasonably to sustain the assignments of error, reverse the case in accordance with the prayer of the petition.

¶2 It appearing that the assignments of error relied upon are reasonably sustained by the brief filed, the judgment is reversed, and the cause remanded.

All the Justices concur.
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