ANDERSON v. STATE

ANDERSON v. STATE
1954 OK 206
272 P.2d 405
Case Number: 36224
Decided: 07/07/1954
Supreme Court of Oklahoma

Syllabus by the Court

¶0 Where plaintiff in error has served and filed brief but the defendants in error have neither filed a brief nor offered any excuse for the 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 reverse the same, where the authorities cited in the brief filed appear reasonably to sustain the assignments of error.

Appeal from the District Court of Pittsburg County, Jess, I. Miracle, J.

Layden, Layden & Layden, McAlester, for plaintiff in error.

Guy L. Andrews, W.S. Horton, McAlester, for defendants in error.

BLACKBIRD, J.

¶1 Plaintiff in error has appealed from a judgment entered against him in the trial court and on December 28, 1953, filed his brief. 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 Osborne v. Osborne, 163 Okl. 273, 21 P.2d 1056, and Data v. Ghigo & Co., 192 Okl. 445, 137 P.2d 556, 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 judgment may be reversed with directions.

¶2 The cause is reversed and remanded with directions to the trial court to vacate the judgment entered against defendant and dismiss the action.