DATA v. GHIGO & CO.

DATA v. GHIGO & CO.
1943 OK 172
137 P.2d 556
192 Okla. 445
Case Number: 30904
Decided: 05/11/1943
Supreme Court of Oklahoma

DATA
v.
GHIGO & CO.

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 defendant in error has neither filed a brief nor offered any excuse for its 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, Coal County; W. B. Thornsbrough, Judge.

Action on account by Ghigo & Company against Ethel Data. From a judgment for the plaintiff, defendant appeals. Reversed and remanded, with directions.

E. Moore, of Coalgate, for plaintiff in error.
H. M. Shirley, of Coalgate, for defendant in error.

PER CURIAM.

¶1 Defendant has appealed from a judgment entered against her and on December 2, 1942, filed her brief. The authorities therein cited reasonably sustain the allegations of error. The defendant in error has filed no brief and has offered no excuse for such failure. Under the authority of Osborne v. Osborne, 163 Okla. 273, 21 P.2d 1056, it is not the duty of this court to search the record for some theory upon which to sustain the action of the trial court.

¶2 The cause is reversed and remanded, with directions to vacate the judgment for the plaintiff and enter judgment for the defendant.

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