AMERICAN EMPLOYERS' INS. CO v. ANDERSON

AMERICAN EMPLOYERS' INS. CO v. ANDERSON
1934 OK 275
32 P.2d 712
168 Okla. 231
Case Number: 22895
Decided: 05/08/1934
Supreme Court of Oklahoma

AMERICAN EMPLOYERS' INS. CO
v.
ANDERSON et al.

Syllabus

¶0 Appeal and Error-Reversal in Absence of Answer 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, Tulsa County; Harry L. S. Halley, Judge.

Action for personal injuries by Reba Anderson against Abe Sloan. From a judgment against the garnishee, American Employers' Insurance Company, that company appeals. Reversed and remanded, with directions.

A. C. Saunders and Hawley C. Kerr, for plaintiff in error.
Ford & Montgomery, for defendants in error.

PER CURIAM.

¶1 This action was begun in the district court of Tulsa county by Reba Anderson against Abe Sloan, and a judgment was rendered for the plaintiff against the defendant Abe Sloan and against the garnishee, the American Employers' Insurance Company, and from the judgment against said garnishee, it appeals to this court by petition in error and case-made attached.

¶2 On the 27th day of February, 1932, plaintiff in error filed its brief, which reasonably supports the assignments of error made therein. No brief has been filed by the defendants in error. Under the rule of this court, many times announced, it is not the duty of this court to search the record for some theory upon which to sustain the trial court, and where the defendant in error has failed to comply with the rules of this court with reference to filing brief, this court may, where the authorities cited reasonably support their action, reverse the cause with directions. Moore v. Jefferson, 164 Okla. 270, 23 P.2d 693; Chapman v. Taylor, 163 Okla. 274, 21 P.2d 1058.