WINTERS v. WINTERS

WINTERS v. WINTERS
1947 OK 246
184 P.2d 796
199 Okla. 129
Case Number: 31886
Decided: 09/16/1947
Supreme Court of Oklahoma

Syllabus

¶0 1. APPEAL AND ERROR - Failure of defendant in error to file brief - Reversal.
Where plaintiff in error has served and filed a brief, 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, Choctaw County; George R. Childers, Judge.

Action by George Winters against Ruth Winters for divorce. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.

O.A. Brewer, of Hugo, for plaintiff in error.

E.A. Blythe and Welch & Welch, both of Hugo, for defendant in error.

PER CURIAM.

¶1 Plaintiff in error has appealed from a judgment entered against her in the trial court. On April 17, 1946, she filed her brief. The authorities therein cited reasonably sustain the allegations of error. The defendant in error has filed no brief and has offered no excuse for such failure. Under such circumstances, it is not the duty of this court to search the record for some theory upon which to sustain the action of the trial court, but the cause may be reversed and remanded with directions. City of Tulsa v. Cockrell, 195 Okla. 518, 159 P.2d 711.

¶2 The cause is reversed and remanded, with directions to vacate the judgment entered for the defendant in error and to grant plaintiff in error a new trial.

¶3 HURST, C.J., DAVISON, V.C.J., and RILEY, WELCH, CORN, and LUTTRELL, JJ., concur.