OLSON v. GRAYSON et al.

OLSON v. GRAYSON et al.
1931 OK 695
4 P.2d 1070
153 Okla. 73
Case Number: 20622
Decided: 11/10/1931
Supreme Court of Oklahoma

OLSON
v.
GRAYSON et al.

Syllabus

¶0 Appeal and Error--Reversal--Failure of Defendant in Error to File 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." City National Bank v. Coatney, 122 Okla. 233, 253 P. 481.

Appeal from District Court, Okmulgee County; James M. Hays, Judge.

Action by B. Olson against Mose Grayson et al. From judgment rendered in favor of defendants, plaintiff brings error. Reversed and remanded, with directions.

Twyford & Smith, Leo G. Mann, and G. E. Cassity, for plaintiff in error.
Pitchford & Pitchford, G. L. Bynum, and R. S. Gamble, for defendants in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the district court of Okmulgee county, Okla., in favor of the defendants in error, Mose Grayson et al., sustaining the demurrer of the defendants to the evidence offered by the plaintiff and dismissing plaintiff's cause of action.

¶2 Plaintiff in error in due time and on January 9, 1930, served and filed brief in full compliance with the rules of this court, but the defendants in error have wholly failed to file answer brief, pleading, or any other instrument in said cause on appeal, within the time provided by the rules of this court, or within any extension of time granted by this court, neither have the defendants in error offered any excuse for their failure to do so. C. A. Warner, one of the defendants in error, on September 9, 1929, filed confession of error herein.