WADE v. DAY

WADE v. DAY
1916 OK 188
162 P. 454
55 Okla. 572
Case Number: 6074
Decided: 02/15/1916
Supreme Court of Oklahoma

WADE
v.
DAY.

Syllabus

¶0 APPEAL AND ERROR--Briefs--Rules of Court--Reversal. Where plaintiff in error has filed proper brief sustaining his assignment of error and defendant in error has neither filed a brief nor offered any excuse for such failure, 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 reverse the judgment in accordance with the prayer of the petition in error.

Floyd A. Calvert and Chase & Campbell, for plaintiff in error.

WATTS, C.

¶1 This case comes from the district court of Nowata county, where the plaintiff in error, plaintiff below, sued the defendant in error, defendant below. From a judgment rendered on the 6th day of September, 1913, in favor of defendant, plaintiff appeals. The record was filed in this court on the 20th day of February, 1914. Plaintiff in error filed briefs September 1, 1915. The defendant in error having failed to file brief and not having sought extension of time in which to file same, the case now being ready for consideration by this court, and the contentions contained in plaintiff in error's brief appearing to be reasonably well taken, the judgment will be reversed.

¶2 By the Court: It is so ordered.