STATE ex rel. COM'RS OF LAND OFFICE v. BROOKS

STATE ex rel. COM'RS OF LAND OFFICE v. BROOKS
1947 OK 319
185 P.2d 906
199 Okla. 284
Case Number: 32980
Decided: 10/21/1947
Supreme Court of Oklahoma

Syllabus

¶0 APPEAL AND ERROR - Failure of defendants in error to file brief - Reversal.
Where plaintiff in error has served and filed brief, but the defendants in error have neither filed brief nor offered any excuse for their 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, McClain County; Ben Williams, Judge.

Action by the State of Oklahoma ex rel. Commissioners of the Land Office against Margaret C. Brooks et al., for the foreclosure of a mortgage. From judgment for defendants in respect to certain funds, plaintiff appeals. Reversed and remanded, with directions.

Lonnie L. Corn and Floyd Wheeler, both of Oklahoma City, for plaintiff in error.

Murray N. Gibbons, of Oklahoma City, for defendants in error.

PER CURIAM.

¶1 The plaintiff in error has appealed from a judgment entered in the trial court respecting the distribution of certain funds received from the sale of real property. On March 26, 1947, plaintiff in error filed its brief and the authorities therein cited reasonably sustain the allegations of error. The defendants in error have filed no brief and have offered no excuse for such failure. Under such circumstances, as stated in Gooldy v. Hines, 186 Okla. 583 , 99 P.2d 498 , 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.

¶2 The cause is reversed and remanded, with directions for the trial court to vacate its judgment distributing the funds in accordance with said judgment and to enter a judgment for the plaintiff approving the receiver's report; directing the receiver to pay the costs of the action; directing the receiver to refund the plaintiff the sum of $77, expended for publication fees and further directing the receiver to pay the plaintiff the balance of said funds in his hands and to deny the request of the defendants for an allowance of a credit of $2,157.26 on said judgment.

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