OKLAHOMA FARM MORTG. CO. v. MORGAN

OKLAHOMA FARM MORTG. CO. v. MORGAN
1927 OK 61
254 P. 100
122 Okla. 261
Case Number: 17837
Decided: 03/15/1927
Supreme Court of Oklahoma

OKLAHOMA FARM MORTGAGE CO.
v.
MORGAN et al.

Syllabus

¶0 Appeal and Error--Reversal for Failure to File Answer Brief. Where plaintiff in error has served and filed its 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. W. Harris and Harry Seaton, for plaintiff in error.
R. A. Wilkerson, for defendants in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the district court of Mayes county. Plaintiff in error was plaintiff below. The plaintiff in error in due time served and filed its brief in full compliance with the rules of this court, but the defendant in error has wholly failed to file any brief, plead, or otherwise appear in this cause on appeal, nor has any excuse been offered for failure to do so.

¶2 In the case of City National Bank v. Coatney, 122 Okla. 233, 253 P. 481, it is held that: