In re JONES' ADOPTION

In re JONES' ADOPTION
1947 OK 313
185 P.2d 911
199 Okla. 283
Case Number: 32982
Decided: 10/21/1947
Supreme Court of Oklahoma

Syllabus

¶0 APPEAL AND ERROR - Failure of defendant in error to file brief - Reversal.
Where plaintiff in error has served and filed 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 County Court, Oklahoma County; C.J. Blinn, Judge.

In the matter of the adoption of Charles Valentine Jones, a minor child. From the judgment, plaintiff appeals. Reversed.

Tom W. Garrett, of Oklahoma City, for plaintiff in error.

John M. Lawrence, of Oklahoma City, for defendant in error.

PER CURIAM.

¶1 Plaintiff has appealed from a judgment entered against him in the trial court. On March 6, 1947, he filed his brief. The authorities therein cited reasonably sustain the allegations of error. Defendant has filed no brief and has offered no excuse for such failure. Under such circumstances, as stated in Durham v. Brown, 164 Okla. 139, 24 P.2d 295, 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 this court may reverse and remand the cause, with directions.

¶2 The cause is reversed and remanded, with directions to the trial court to vacate the judgment rendered for the defendant and enter judgment for the plaintiff, to set aside the adoption proceedings.

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