BOARD OF COM'RS OF GARVIN COUNTY v. PYEATT

BOARD OF COM'RS OF GARVIN COUNTY v. PYEATT
1916 OK 729
158 P. 1133
59 Okla. 221
Case Number: 5776
Decided: 06/27/1916
Supreme Court of Oklahoma

BOARD OF COM'RS OF GARVIN COUNTY
v.
PYEATT ET AL.

Syllabus by the Court.

¶0 Where plaintiff in error files and serves a brief, and the defendant fails to file a brief and offers no excuse for so doing, and the brief of plaintiff in error reasonably supports his contention, this court will not search the record for a theory upon which to affirm the judgment rendered, but will reverse the judgment.

R. E. Bowling and L. H. Hampton, both of Pauls Valley, for plaintiff in error.

COLLIER, C.

¶1 This is an action brought by the defendant in error against plaintiff in error, for the recovery of certain taxes paid by numerous persons, "by mistake of law," for a refund, for which claims had been filed with the Board of County Commissioners and disallowed, which claims had all been assigned to defendant in error, and for the recovery of $293.49, alleged to be due defendant in error as commission on a certain tax ferret contract with the county. Hereafter the parties will be designated as they were in the trial court.

¶2 The defendant interposed a demurrer to the petition, which was heard by the court and overruled and exceptions saved, and, the defendant refusing to plead further, judgment was entered against defendant in the sum of $1,253.14.

¶3 Defendant has served and filed a brief in compliance with the rules of this court, and plaintiff has neither filed a brief nor offered any excuse for his failure so to do. We have examined the brief of plaintiff in error and find the contention of plaintiff in error, under the holding of this court in Johnson v. Grady County,

¶4 We therefore recommend, that said judgment be reversed and the cause remanded.

¶5 PER CURIAM.

¶6 Adopted in whole.