STATE v. CALAHAN

STATE v. CALAHAN
1940 OK 109
99 P.2d 1038
186 Okla. 642
Case Number: 27984
Decided: 03/05/1940
Supreme Court of Oklahoma

 STATE v. CALAHAN

Syllabus

¶0 Where plaintiff in error has served and filed its 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, McCurtain County; Geo. R. Childers, Judge.

Action for damages for personal injury by S. B. Calahan against the State. From a judgment for the plaintiff, defendant appeals. Reversed and remanded, with directions.

Mac Q. Williamson, Atty. Gen., for plaintiff in error.

H. P. Hosey, of Idabel, for defendant in error.

¶1 PER CURIAM. On June 29, 1937, plaintiff in error filed case-made with petition in error attached in this court and on September 22, 1937, the brief of plaintiff 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 1056, this cause is reversed and remanded, with directions to vacate the judgment entered for the plaintiff and dismiss the action.