FISHMAN REALTY INV. CO. v. BOARD OF TRUSTEES

FISHMAN REALTY INV. CO. v. BOARD OF TRUSTEES
1931 OK 338
300 P. 624
149 Okla. 293
Case Number: 21012
Decided: 06/16/1931
Supreme Court of Oklahoma

FISHMAN REALTY INV. CO.
v.
BOARD OF TRUSTEES, INCORPORATED TOWN OF BROKEN BOW AND TOWN OF BROKEN BOW.

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 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, McCurtain County; George T. Arnett, Judge.

Action by the Fishman Realty Investment Company against the Board of Trustees, Incorporated Town of Broken Bow and Town of Broken Bow. Judgment for defendant, and plaintiff appeals. Reversed and remanded.

T. G. Carr, for plaintiff in error.
Tom Finney, for defendant in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the district court of McCurtain county in an action wherein 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 defendants in error have wholly failed to file any brief, or to otherwise appear in this court on the merits of the cause, nor have they offered any excuse for their failure to do so.