GRAYSON v. STITH

GRAYSON v. STITH
1938 OK 31
75 P.2d 418
181 Okla. 525
Case Number: 27016
Decided: 01/18/1938
Supreme Court of Oklahoma

GRAYSON et al.
v.
STITH

Syllabus

¶0 APPEAL AND ERROR - REVERSAL - Failure of Defendant in Error to File Brief.
Where plaintiffs in error have served and filed brief in compliance with the rules of court, and 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, Wagoner County; Enloe V. Vernor, Judge.

Action by J.O. Stith against P.E. Grayson et al. for injunction. Judgment for plaintiff, and defendants appeal. Reversed and remanded, with directions.

Fred W. Martin, for plaintiffs in error.
W.R. Banker, for defendant in error.

PER CURIAM.

¶1 On March 12, 1936, plaintiffs in error filed petition in error with case-made attached in this court and on May 5, 1936, brief of plaintiffs in error was filed.

¶2 The defendant in error has failed to file any brief or offer any excuse for such failure. Upon the authority of City of Oklahoma City v. Blondin, 163 Okla. 276, 21 P.2d 1053, this cause is reversed and remanded, with directions to vacate the judgment for plaintiff and enter judgment for the defendants.