OKLAHOMA CITY v. BLONDIN

OKLAHOMA CITY v. BLONDIN
1933 OK 304
21 P.2d 1053
163 Okla. 276
Case Number: 23616
Decided: 05/09/1933
Supreme Court of Oklahoma

OKLAHOMA CITY
v.
BLONDIN

Syllabus

¶0 Appeal and Error--Reversal--Failure of Defendant in Error to File Brief.
Where plaintiff in error has served and filed its brief in compliance with the rules of court, but the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, 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, where the authorities cited in the brief filed, appear reasonably to sustain the assignments of error, reverse the cause, with directions.

Appeal from District Court, Oklahoma County; Tom G. Chambers, Judge.

Action by Leo Blondin against Oklahoma City et al. Judgment for plaintiff, and defendants appeal. Reversed and remanded, with directions.

W. H. Brown, Municipal Counselor, and A. P. Van Meter, for plaintiffs in error.
Lillard & Wheeling, for defendant in error.

OPINION: PER CURIAM.

¶1 On the 16th day of November, 1931, a judgment was rendered in favor of the plaintiff, defendant in error herein, and on the 7th day of May, 1932, the city of Oklahoma City prosecuted its appeal from that judgment, and on the 1st day of August, 1932, filed its brief herein. The defendant in error has filed no brief herein, and has offered no excuse for his failure to do so.