EMBLEM OIL CO. v. CROOK

EMBLEM OIL CO. v. CROOK
1931 OK 130
298 P. 265
148 Okla. 189
Case Number: 19823
Decided: 04/14/1931
Supreme Court of Oklahoma

EMBLEM OIL CO. v. CROOK et al.

Syllabus

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

Appeal from Court of Common Pleas, Tulsa County; Wm. Randolph, Judge.

Action by the Emblem Oil Company against George H. Crook and others. From the judgment of the trial court in favor of the defendants, plaintiff appeals. Reversed, with directions.

Charles Skalnik and David Golden, for plaintiff in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the court of common pleas, Tulsa county, rendered in an action wherein plaintiff in error was plaintiff below.

¶2 The plaintiff in error in due time served and filed its brief in full compliance with the rules of this court, but the defendants in error have wholly failed to file any brief, pleading, or otherwise appear in this court on the merits of the cause, nor have they offered any excuse for their failure to do so.