McCLURE v. INGRAM

McCLURE v. INGRAM
1916 OK 72
154 P. 575
54 Okla. 741
Case Number: 6367
Decided: 01/18/1916
Supreme Court of Oklahoma

McCLURE
v.
INGRAM.

Syllabus

¶0 APPEAL AND ERROR--Failure to File Brief--Reversal. Where defendant in error files no brief, and the brief of plaintiff in error reasonably sustains his contention, the court will not examine the record to find some theory upon which to affirm the judgment, but same may be reversed.

D. E. Herschelman, for plaintiff in error.

BRETT, C.

¶1 This cause was duly submitted in this court December 6, 1915. On November 9, 1915, the plaintiff in error filed her brief. The defendant in error has filed no brief, and assigns no reason for his failure to do so. The contention of plaintiff in error seems to be reasonably supported by the authorities cited in her brief. And under the authority of Midland Elevator Co. v. Harrah, 44 Okla. 154, 143 P. 1168, and the authorities therein cited, we recommend that the judgment be reversed and the cause remanded for a new trial.

¶2 By the Court: It is so ordered.