FT. SMITH & WESTERN RY. CO. v. KRALLMAN

FT. SMITH & WESTERN RY. CO. v. KRALLMAN
1931 OK 42
296 P. 399
147 Okla. 220
Case Number: 19526
Decided: 02/17/1931
Supreme Court of Oklahoma

FT. SMITH & WESTERN RY. CO. v. KRALLMAN.

Syllabus

¶0 Appeal and Error--Review--Reversal Where no Answer Brief Filed.
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.

Error from District Court, Okfuskee County; Thomas S. Harris, Judge.

Action by G. B. Krallman against the Ft. Smith & Western Railway Company. From the judgment of the trial court in favor of the plaintiff, the defendant appeals. Reversed and remanded, with directions.

Warner, Hardin & Warner and Seawell & Dooley, for plaintiff in error.
O. A. Shaw, for defendant in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the district court of Okfuskee county rendered in an action wherein plaintiff in error was defendant. 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 failed to file any brief or to otherwise plead the merits of this cause in this court, nor has he offered any excuse for his failure to do so.