SAUTBINE v. PIERCE

SAUTBINE v. PIERCE
1954 OK 47
266 P.2d 1006
Case Number: 35832
Decided: 02/09/1954
Supreme Court of Oklahoma

Syllabus by the Court

¶0 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 the Court of Common Pleas, Oklahoma County, Evert Crismore, J.

Kennedy & Kennedy, Oklahoma City, for plaintiff in error.

CORN, J.

¶1 Plaintiff in error has appealed from a judgment entered in favor of defendant in the trial court and on April 18, 1953 plaintiff in error filed his 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 as stated by this court in Gooldy v. Hines, 186 Okl. 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 will be reversed and remanded, with directions.

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

¶3 HALLEY, C.J., JOHNSON, V.C.J., and WELCH, DAVISON, O'NEAL, WILLIAMS and BLACKBIRD, JJ., concur.