HORNER v. HORNER et al.

HORNER v. HORNER et al.
1933 OK 457
24 P.2d 983
165 Okla. 65
Case Number: 23299
Decided: 09/12/1933
Supreme Court of Oklahoma

HORNER
v.
HORNER

Syllabus

¶0 Appeal and Error--Review--Reversal Where Defendant in Error Files no 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, Garfield County; O. C. Wybrant, Judge.

Action by Harry N. Homer against Clifford C. Horner and another to cancel deed. From a judgment for the defendants, plaintiff appeals. Reversed and remanded, with directions.

H. J. Sturgis, for plaintiff in error.
Simons, McKnight, Simons & Mitchell and McKeever, Elam Stewart & McKeever, for defendants in error.

OPINION: PER CURIAM.

¶1 On the 21st day of January, 1932, plaintiff in error filed his petition in error and case -made herein, and on June 1, 1932, briefed the cause. The defendants in error have filed no brief and have offered no excuse for their failure to do so.