INSELMAN v. THOMAS

INSELMAN v. THOMAS
1931 OK 154
298 P. 273
148 Okla. 219
Case Number: 19767
Decided: 04/21/1931
Supreme Court of Oklahoma

INSELMAN
v.
THOMAS, Sheriff.

Syllabus

¶0 Appeal and Error--Reversal in Absence of 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 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.

Appeal from District Court, Ellis County; Charles C. Smith, Assigned Judge.

Action by John Inselman against J. D. Thomas, sheriff of Ellis County. From the judgment of the trial court in favor of the defendant, plaintiff appeals. Reversed and remanded, with directions.

C. B. Leedy, for plaintiff in error.
Perry Morris, for defendant in error.

PER CURIAM.

¶1 This appeal is from the district court of Ellis county 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 defendant in error has wholly failed to file any brief, pleading, or to otherwise appear in this court on the merits of the cause, nor has he offered any excuse for his failure to do so.