SANGO v. ANDERSON

SANGO v. ANDERSON
1927 OK 113
261 P. 363
128 Okla. 64
Case Number: 17554
Decided: 04/12/1927
Supreme Court of Oklahoma

SANGO
v.
ANDERSON et al.

Syllabus

¶0 Appeal and Error--Reversal--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 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 District Court, Seminole County; Hal Johnson, Assigned Judge.

Action by Clarence Sango against Forest Anderson et al. From judgment sustaining demurrer to plaintiff's petition and dismissing plaintiff's cause of action, plaintiff appeals. Reversed and remanded.

Huggins & Huser and Ira J. Banta, for plaintiff in error.
Hill & Criswell, Goode & Dierker, and A. M. Fowler, for defendants in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the district court of Seminole county, Okla., sustaining a demurrer to plaintiff's petition and dismissing his cause of action. The plaintiff in error was the plaintiff below.

¶2 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 or otherwise appear in said cause on its merits, nor has he offered any excuse for his failure to do so. In the case of City National Bank v. Coatney et al., No. 17104, in an opinion by this court filed February 22, 1927, 122 Okla. 144, 253 P. 481, this court laid down the rule that: