HILLMAN v. CHISHOLM

HILLMAN v. CHISHOLM
1927 OK 82
254 P. 739
124 Okla. 226
Case Number: 17641
Decided: 03/29/1927
Supreme Court of Oklahoma

HILLMAN
v.
CHISHOLM.

Syllabus

¶0 Appeal and Error--Reversal for Failure to File Answer Brief.
Where the 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.

Error from Superior Court, Okmulgee County; J. H. Swan, Judge.

Action between Joe Hillman and W. W. Chisholm, doing business as Chisholm's Variety Store. From order of court discharging attachment, the former brings error. Reversed and remanded.

Hummer & Foster, for plaintiff in error.
W. C. Alley, for defendant in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the superior court of Okmulgee county, Okla., wherein the plaintiff in error appeals from the order of the trial court sustaining a demurrer to plaintiff's evidence in the trial of said cause and discharging attachment wherein plaintiff in error, plaintiff below, had procured an order of attachment to be issued and levied against a stock of goods owned by the defendant in error. The plaintiff in error in due time served and filed his brief in full compliance with the rules of this court, but the defendant in error has wholly failed to file any brief, pleading, or otherwise appear in this court. In the case of City National Bank v. Coatney et al., 122 Okla. 233, 253 P. 481, this court laid down the rule that: