STATE ex rel. BISHOP v. OKLAHOMA KENNEL CLUB

STATE ex rel. BISHOP v. OKLAHOMA KENNEL CLUB
1931 OK 52
296 P. 400
147 Okla. 220
Case Number: 19872
Decided: 02/17/1931
Supreme Court of Oklahoma

STATE ex rel. BISHOP, County Atty.,
v.
OKLAHOMA KENNEL CLUB 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, Seminole County; Asa E. Walden, Assigned Judge.

Action by the State on relation of Homer Bishop, County Attorney of Seminole County, against the Oklahoma Kennel Club et al. From the judgment of the trial court denying plaintiff in error's motion to vacate the order allowing supersedeas bond, plaintiff in error appeals. Reversed and remanded, with directions.

Edwin Dabney, Atty. Gen., Fred Hanson, Asst. Atty. Gen., and Homer Bishop, Co. Atty. for plaintiff in error.
Wells & Greer, for defendants in error.

PER CURIAM.

¶1 This is an appeal from the order of the district court of Seminole county in an action wherein the plaintiff in error was plaintiff. 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 or to otherwise appear in this cause in this court upon the merits of the case nor has he offered any excuse for his failure to do so.