FRY v. McCLURE

FRY v. McCLURE
1925 OK 762
218 P. 832
92 Okla. 222
Case Number: 11886
Decided: 09/25/1925
Supreme Court of Oklahoma

FRY
v.
McCLURE.

Syllabus

¶0 Appeal and Error--Failure of Defendant in Error to File Brief--Reversal.
If after the assignment and submission of a cause in this court, with notice to the attorneys for the respective parties to file briefs, the plaintiff in error files brief with argument and authorities reasonably tending to support the errors assigned for reversal, and the defendant in error fails to prepare, serve, and file brief as is required by the rules of this court, the record will not be examined for some theory to support the judgment of the trial court.

Commissioners' Opinion. Division No. 4.

Error from District Court, Texas County; Arthur G. Sutton, Judge.

Action by W. R. McClure, in ejectment and for value of rents against Geo. W. Fry. Judgment for plaintiff and defendant brings error. Reversed and remanded.

V. H. Grinstead and M. E. Crosgrove, for plaintiff in error.
John L. Gleason, for defendant in error.

STEPHENSON, C.