MOORE v. BOARD OF COMR'S OF SEMINOLE COUNTY

MOORE v. BOARD OF COMR'S OF SEMINOLE COUNTY
1943 OK 167
137 P.2d 535
192 Okla. 382
Case Number: 31095
Decided: 05/04/1943
Supreme Court of Oklahoma

MOORE
v.
BOARD OF COMR'S OF SEMINOLE COUNTY et al.

Syllabus

¶0 APPEAL AND ERROR--Reversal--Failure of defendant in error to file brief.
Where plaintiff in error has served and filed brief, but the defendants in error have neither filed a brief nor offered any excuse for their 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 District Court, Seminole County; Tal Crawford, Judge.

Injunction by the Board of County Commissioners of Seminole County against Otis B. Ford, County Treasurer; J. Read Moore intervening. Judgment for plaintiff, and intervener appeals, Reversed and remanded, with directions.

Geo. C. Crump and H. W. Carver, both of Wewoka, for plaintiff in error.
Samuel W. Biggers, Co. Atty., of Wewoka, for defendants in error.

PER CURIAM.

¶1 Plaintiff in error, intervener below, has appealed from an adverse judgment and on the 20th day of October, 1942, filed his brief. The authorities cited reasonably support the allegations of error. As held in Gooldy v. Hines, 186 Okla. 583, 99 P.2d 498, it is not the duty of this court to search the record to find some theory upon which to sustain the judgment of the trial court, but this court may reverse and remand the cause, with directions.

¶2 The cause is reversed and remanded with directions to vacate the judgment for plaintiff and enter judgment against the plaintiff and in favor of the intervener, plaintiff in error.

¶3 CORN, C. J., GIBSON, V. C. J., and OSBORN, BAYLESS, WELCH, HURST, DAVISON, and ARNOLD, JJ., concur. RILEY, J., absent.