HARRIS v. REYNOLDS

HARRIS v. REYNOLDS
1931 OK 45
296 P. 393
147 Okla. 209
Case Number: 20536
Decided: 02/17/1931
Supreme Court of Oklahoma

HARRIS
v.
REYNOLDS et al.

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, Cleveland County; Tom P. Pace, Judge.

Action by H. L. Harris against Coy Reynolds and others. From a judgment of the trial court sustaining the demurrer to plaintiff's petition, plaintiff appeals. Reversed and remanded, with directions.

F. A. Groenendyke, for plaintiff in error.
Hardie & Grim, for defendant in error.

PER CURIAM.

¶1 This is an appeal from an order of the district court of Cleveland county sustaining a demurrer to the plaintiff's petition in an action wherein plaintiff in error was plaintiff. The plaintiff in error in due time served and filed his brief in full compliance with the rules of this court, but the defendants in error have wholly failed to file any brief or to otherwise appear in this cause on the merits of the case, nor have they offered any excuse for their failure to do so.