DRANE v. KYLE

DRANE v. KYLE
1927 OK 56
254 P. 91
122 Okla. 262
Case Number: 17613
Decided: 03/15/1927
Supreme Court of Oklahoma

DRANE
v.
KYLE.

Syllabus

¶0 Appeal and Error--Reversal--Failure to File Answer Brief. Where plaintiff in error has served and filed his brief in compliance with the rules of this court, and the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, this 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, in accordance with the prayer of the petition in error.

H. D. Moreland, for plaintiff in error.
Eugene O. Monett, for defendant in error.

PER CURIAM.

¶1 This is an appeal from a final order of the trial court discharging certain moneys from garnishment. Plaintiff in error was plaintiff below, and in due time he filed his brief in full compliance with the rules of the court, but defendant in error has wholly failed to file any brief within time as required by rules of this court, or order extending the time therefor, nor has he offered any excuse for his failure to do so although time therefor has long expired.

¶2 In the case of City National Bank v. Coatney,