GRAY v. TULSA BLDG. & LOAN ASS'N.

GRAY v. TULSA BLDG. & LOAN ASS'N.
1936 OK 549
61 P.2d 195
177 Okla. 522
Case Number: 24913
Decided: 09/29/1936
Supreme Court of Oklahoma

GRAY
v.
TULSA BLDG. & LOAN ASS'N

Syllabus

¶0 APPEAL AND ERROR - REVERSAL - Failure of Defendant in Error to File Brief.
Where the plaintiff in error has served and filed brief in compliance with the rules of court, but the defendant in error has neither filed a brief nor offered any excuse for its failure to do so, this 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 by the Tulsa Building & Loan Association against J.H. Gray et al. to foreclose a mortgage. From order refusing to vacate an order appointing a receiver, defendants appeal. Reversed and remanded, with directions.

N.E. McNeill, for plaintiffs in error.
Warren D. Abbott and Arden Ross, for defendant in error.

PER CURIAM.

¶1 On April 2, 1935, this court withdrew the opinion reversing and remanding this cause and granted leave to the defendant in error to file brief. No brief has been filed, and on March 24, 1936, this court directed the defendant to show cause within five days from date why the former opinion filed herein March 19, 1936, should not be readopted as the decision in this cause. To this date no brief has been filed. The former opinion of this court is therefore adopted and the cause is reversed and remanded to the trial court, with directions to set aside and vacate the order appointing receiver.