BITTLE v. BITTLE

BITTLE v. BITTLE
1941 OK 163
113 P.2d 381
189 Okla. 45
Case Number: 29911
Decided: 05/13/1941
Supreme Court of Oklahoma

BITTLE
v.
BITTLE

Syllabus

¶0 APPEAL AND ERROR--Reversal--Failure of defendant in error to file brief.
Where plaintiff in error has served and filed his brief, but the defendant in error has neither filed a brief nor offered any excuse for her failure to do so, the 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.

Appeal from Superior Court, Seminole County; Otis H. Presson, Judge.

Action for divorce by Benora Bittle against William Bittle. From a judgment for the plaintiff, defendant appeals. Reversed and remanded, with directions.

A. L. Deaton, Jr., Geo. C. Crump, and H. W. Carver, all of Wewoka, for plaintiff in error.
Wells & Spurr, of Seminole, for defendant in error.

PER CURIAM.

¶1 This is a proceeding to review an order and judgment of divorce. On June 7, 1940, plaintiff in error filed his petition in error with case-made attached, and on August 8, 1940, filed his brief. The authorities in the brief reasonably support the allegations of error in the petition in error. As stated by this court in Brown, Gdn., v. Triangle Motor Co., 187 Okla. 11, 100 P.2d 847, under such circumstances it is not the duty. of this court to search the record for some theory upon which to sustain the judgment of the trial court.

¶2 The cause is reversed and remanded, with directions to vacate the order and judgment of the trial court and to grant a new trial.

¶3 CORN, V. C. J., and RILEY, OSBORN, GIBSON, and DAVISON, JJ, concur.